Reasoning Of Criminal Judgment Instruments In China

For a long time,there are some deficiencies in the reasoning of criminal judgment documents in China.In the new era,only by providing higher quality judicial products to the people can we meet their higher judicial needs.To improve the reasoning quality of criminal judgment documents,it is necessary to do research through three links: theory carding,data analyzing and countermeasure designing,so as to clarify the development trend and significance of reasoning of criminal judgment documents,explore the problems existing in the current judicial practice and the causes of the problems,then put forward workable measures to improve the reasoning quality of criminal judgment documents by looking into the causes.By carding the development history of the reasoning system of judicial documents in China,it can be predicted that the reform trend of judicial documents in the future will be to further emphasize the interpretation of the law and the explanation of judging reason.Meanwhile,it can be confirmed that improving reasoning has four major significance: unify the legal and social effects of judicial adjudication,enhance the judicial credibility and authority,promote the judicial capacity of judicial subjects,and make up for the defects caused by the lag of law.After investigating the current situation of the reasoning of criminal judgment documents in China,some problems have been found,that is,the current reasoning is inactive,insufficient and rigid in style.And it is caused by many factors,such as the shortage of judicial resources,the absence of assessment system and the negative impact of cultural environment.In addition,by investigating some misjudged criminal cases,a unique reasoning problem in the field of criminal judgment documents can be realized,namely,"seeking advantages and avoiding disadvantages".Thus,the future reform to improve the reasoning quality of criminal judgment documents should be carried out from multiple dimensions.The measures that can be taken include promoting the simplified reasoning instrument style to save judicial resources to deal with complex and difficult cases;Establishing a multi-agent reasoning quality evaluation system,formulate the quality evaluation standards of judgment documents and link them with judges’ rewards and punishments to enhance judges’ reasoning enthusiasm;Learning from ancient Chinese judgments,especially reasoning methods that can better improve the dialogism of the judgment documents and the coordination between Legal Logos and Legal Sense,aims to improve the persuasiveness of the judgment documents from the perspective of following the Chinese excellent legal culture.As for avoiding document quality defects caused by "seeking advantages and avoiding disadvantages",it is necessary to strictly check the evidence so that wrongful evidence can not be used for judgment and reasoning,which can be realized by strengthening the supervision function of the procuratorial department.