| In 1999,the Supreme People’s Court issued the Five-Year Reform Outline of the People’s Court,which required "to speed up the reform of judicial documents and improve the quality of judicial documents".Over the past decades,the Supreme People’s Court has never decreased its attention to improving the rationality of the judgment documents.In2018,the Supreme People’s Court issued the Guiding Opinions on Strengthening and Standardizing the Interpretation and Reasoning of Judicial Documents(hereinafter referred to as the Interpretation and Reasoning Opinions),raising the importance of interpretation and reasoning of judicial documents to an unprecedented level.The Opinions on Interpretation and Reasoning does not specifically stipulate the interpretation and reasoning of the family adjudication documents,which leaves a certain research space for the reform of the family adjudication documents.In 2016,the Supreme People’s Court issued relevant opinions to carry out a two-year pilot reform of family trial methods and working mechanisms for some people’s courts.Driven by the joint efforts of the interpretation and reasoning reform of the judicial documents and the reform of the family trial mode and working mechanism,as well as the continuous emergence of new family cases,the research on the interpretation and reasoning of the family judicial documents should become the focus of the theoretical and practical circles.The "Luzhou Legacy Case" and the "Most Dragged Judgment in History" respectively lead to the existing shortcomings of the interpretation and reasoning of the family judgment documents.It is the premise and basis for the research to clarify the relevant conceptual characteristics involved in the research topic.Clarify the concept of family judgment documents,the basic characteristics of family cases,and the basic requirements of interpretation and reasoning,laying a solid foundation for subsequent research.The audience theory reasonably interprets the purpose of interpretation and reasoning of family judgment documents,and analyzes how to improve the quality of reasoning in the field of family judgment from the different types of audience.Flexible application of this theory can improve the acceptability of family judgment documents.In order to ensure the timeliness of the study,the people’s court that carried out the pilot work of family trial mode randomly selected some samples of family judgment documents for research,specifically analyzed the current situation and causes of judicial interpretation reasoning and put forward corresponding solutions.The establishment and improvement of the reward and punishment mechanism for the interpretation of family judgment documents,as well as the improvement of the online system of family judgment documents,can provide a strong institutional guarantee for the reasoning of judges,On the other hand,it can make up for the absence of the relevant system and mechanism of the family judgment documents.We should improve the reasoning ability of judges by cultivating a professional family judge team and transforming the legal knowledge system of judges.At the same time,we should improve the response mechanism of negative public opinion of judicial documents to alleviate the negative impact of judicial documents on the Internet,and then break the cowardice of judges who dare not reason. |
