From ’ Ming Gong Shu Pan Qing Ming Ji ’ To See The Reasoning Of Modern Judges ’ Family Judgment Documents

In recent years,family dispute cases have accounted for a relatively large proportion of the various types of cases heard by the basic courts.In 2019,1.85 million marriage and family cases were tried,and 1.831 million marriage and family cases were tried in 2022.According to the statistics of the Supreme People’s Court,the most controversial focus of marriage and family disputes from 2016 to 2019 is whether the couple ’s feelings are broken.The word " broken feelings " itself is highly subjective.Therefore,it is difficult for judges to convince one or both parties by simply invoking the law,but the current judgment documents generally lack reasoning.Family cases involve very personal,delicate and complex relationships.The cultural tradition of " family harmony " in China and the principle of " harmony " in ancient family litigation all reflect the emotional wisdom involved in family disputes.The goal of modern family litigation is not to distribute rights and interests in a utilitarian way,but to repair marriage and family relations and maintain family harmony.It is not only to ’ settle the case ’,but also to ’ settle the matter ’ and ’ reconcile the people ’.This requires that the family trial procedure should be people-oriented,flexible use of justice,pay attention to the inner feelings of the parties,seek ways to improve family relations,and embody humanistic care in the legal system.Therefore,family disputes have their special attributes,so it is particularly important to reason the judgment documents in family cases.China is also actively exploring and practicing in this regard.This paper is divided into six parts.The research methods are text analysis method and comparative method,and the original judgment of ’ Ming Gong Shu Pan Qing Ming Ji ’ is quoted for in-depth study.First of all,the article analyzes the necessity of reasoning in the family judgment documents in the first part,which paves the way for the follow-up research.Secondly,in the second part,the article analyzes the current situation of the reasoning of the family judgment documents,and on this basis,summarizes the reasons for the lack of reasoning in the family judgment documents,which can be summarized as the reasons that the judge cannot reason and the judge cannot reason.For the reason that the judge ’s reasoning is not good,the author believes that the ancient excellent judgments can be used for reference.Therefore,in the third part of the article,the author mainly introduces the book " Ming Gong Shu Pan Qing Ming Ji," and why to choose this book as a reference model.The history of referee reasoning in our country has a long history.The book " Ming Gong Shu Pan Qing Ming Ji " plays an important role in the history of Chinese referee reasoning.It not only absorbs the excellent experience of predecessors,but also has its own changes.The verdicts included are mostly made by celebrities and have a wide range of influence.Finally,in the fifth part of the article,the author compares the reasoning part in the modern family judgment documents with the verdicts recorded in the ’ marriage door ’ and ’human relations door ’ in the book ’ Ming Gong Shu Pan Qing Ming Ji ’,and finds out the similarities between the two in the form of verdicts,the discussion part of reasoning reasons and the harmony concept contained in them to a certain extent.Therefore,the following suggestions are put forward to improve the quality of reasoning in the family judgment documents,mainly to strengthen the reasoning part.For example,in rhetoric,we can quote allusions or reason with ’ emotion ’,increase the content of reasoning,and improve the level of reasoning of judges.Enrich the role of judges and enhance the educational role of judges.