Research On The Application Of Reasoning In Family Judicial Document

Qingli is a way of reasoning in documents,the ethical and moral nature of family adjudication itself determines the necessity of its use for reasoning,but the judicial practice and jurisprudence appear to pay insufficient attention to it.Qingli as an important element of the argument is often ignored.Judges in order to maintain legal rigor and protect the authority,strictly abide by the principle of judging cases by law,the Qingli is more vigilant.However,only recognized that is appropriate for the judiciary to use Qingli in the court environment,and by reasonably strengthening its use in family cases,can we promote the reasonableness and acceptability of adjudication.Based on the textual analysis of family adjudication documents,this paper examines the current situation of Qingli,analyzes the problems and causes of it in combination with legal application,legal interpretation and other jurisprudential theories,and explores corresponding improvement countermeasures.The paper is divided into five parts.The first part is the definition of relevant concepts in this paper.Therefore,we first define the concepts of "Qingli" and "family" in family adjudication,so as to clarify the scope of this paper and establish the corresponding theoretical concepts and framework for the subsequent research.The second part is the necessity of using Qingli in family adjudication documents.The reasons and significance of this paper are emphasized through four perspectives:inheriting culture,conforming to core values,adapting to the special characteristics of family cases,and continuing the essential requirement of justice for the people.The third part is the analysis of relevant samples.The 192 randomly selected family judgments are analyzed empirically by collecting and sorting out a large number of samples,and a comparative analysis is made from the three perspectives of adoption,marriage and inheritance to find out the effect and corresponding problems of the application of Qingli.The fourth part is the current situation of the application of Qingli to family adjudication documents.The problems in the use of reasoning in family adjudication documents are observed through sample analysis,and then the causes of these problems are analyzed.The use of Qingli has,to varying degrees,resulted in problems such as lack of regulation in its application,little Qingli,compromised evidence analysis and argumentation,and imperfect relevant systems.After identifying the causes,reform paths to optimize Qingli are explored.The fifth part is to make suggestions on the causes of the problems of applying Qingli in family adjudication documents.The main suggestions are to regulate the discretionary power of the trial,to set standards for the interpretation of Qingli,to apply Qingli to the characteristics of family cases,to strengthen the protection of judges’ reasoning,and to optimize the incentive system.It is expected that the analysis and exploration of family adjudication instruments can promote the development of judicial adjudication system after the active use of reasoning.