论我国民事裁判文书的说理性
发布时间：2019-05-29 16:52
【摘要】：一个时代需要一个主题,人民法院在二十一世纪的主题就是公正与效率。近年来,围绕这一主题所展开的审判方式改革方兴未艾,成效斐然。然而,裁判文书作为人民法院公正司法的载体,其制作质量仍然不高,其中很重要的一个方面就是说理性不强,不讲究说理的艺术。如何加大民事裁判文书中程序表述的透明和对理由部分阐述论证的力度,以提高其公信力和说服力,实现裁判的公正性和正义性,已经成为裁判文书改革的重中之重。正基于此,本文将立足于当代中国司法改革的现状,针对民事裁判文书说理性的问题进行深入探讨,以期能为中国民事裁判文书的改革做一点理论贡献。 论文的论点可以归结为以下几个方面:首先,论文讨论了民事裁判文书说理性的概念、范围等内涵与外延,为论文的进一步讨论划定了范围,使讨论能够有一定统一的定义域或讨论的平台。其次,从历史回顾的角度,论述了裁判文书说理性是司法文书的必然要素。再次,着重分析了我国民事裁判文书说理性方面存在的问题及其成因。我们认为,现阶段我国民事裁判文书在说理性方面主要存在以下问题:一是对案件事实的认定缺乏证据分析;二是缺乏对适用法律的解释;三是裁判缺乏逻辑分析和推理;四是对争议焦点不做归纳或归纳不准确,说理缺乏针对性等。接着,从制度因素和人的因素两个方面论述了造成上述问题的原因。制度因素包括:《法院诉讼文书样式》的结构存在缺陷,限制了文书的说理;缺乏制度性的激励因素,限制了法官说理的积极性和创造性;独立审判没有真正实现,是造成法官不敢说理,也不便于说理的主要原因。人的因素包括法官的文化、专业素质偏低和观念及认识上的偏差等,是造成法官说理不清和不愿说的主要原因。最后,在上述分析的基础上,借鉴国外的相关做法,提出了加强民事判决说理性的具体对策:一是改革判决书的结构以加强说理性;二是完善法官管理制度。论文从法官独立制度、法官考核制度、法官遴选制度和说理性激励机制的构建等方面提出了解决之道;三是提升法官的素质,我们认为目前应着重从法官说理性思维模式的构建、职业道德修养以及法官继续教育制度等方面提升法官的素质。
[Abstract]:An era needs a theme, and the theme of the people's court in the 21 century is justice and efficiency. In recent years, the reform of trial mode around this theme is in the ascendant and has achieved great results. However, as the carrier of fair administration of justice in people's courts, the quality of judicial documents is still not high, one of the most important aspects is that reason is not strong and does not pay attention to the art of reasoning. How to increase the transparency of procedural expression in civil adjudication documents and explain and demonstrate the reasons, in order to improve its credibility and persuasion, and realize the fairness and justice of adjudication documents, has become the most important thing in the reform of adjudicative documents. Based on this, this paper will be based on the current situation of judicial reform in contemporary China, in order to make some theoretical contributions to the reform of civil judicial documents in order to make a deep discussion on the rationality of civil adjudication documents. The argument of this paper can be summed up as follows: first of all, the paper discusses the concept, scope and other connotation and extension of civil adjudication documents, which delineates the scope for the further discussion of the paper. So that the discussion can have a certain unified definition of the domain or discussion platform. Secondly, from the point of view of historical review, this paper discusses that the reason of judicial documents is the inevitable element of judicial documents. Thirdly, it focuses on the analysis of the problems and causes of the rationality of civil adjudication documents in our country. We believe that at present, there are the following problems in the reasoning of civil adjudication documents in our country: first, the identification of the facts of the case is lack of evidence analysis, the second is the lack of interpretation of the applicable law, the third is the lack of logical analysis and reasoning, and the lack of logical analysis and reasoning. Fourth, the focus of the dispute is not summarized or inaccurate, the reasoning is lack of pertinence and so on. Then, the causes of the above problems are discussed from two aspects: institutional factors and human factors. The institutional factors include: the structure of the court litigation document style has defects, which limits the reasoning of the document, and the lack of institutional incentive factors limits the enthusiasm and creativity of the judge to reason, and the lack of institutional incentive factors limits the enthusiasm and creativity of the judge to reason. The failure of independent trial is the main reason why judges dare not reason and are not easy to reason. The human factors, including the judge's culture, the low professional quality and the deviation of concept and cognition, are the main reasons why the judge is unreasonable and unwilling to say it. Finally, on the basis of the above analysis, drawing lessons from the relevant practices of foreign countries, this paper puts forward some concrete countermeasures to strengthen the rationality of civil judgment: one is to reform the structure of the judgment to strengthen the rationality; the other is to improve the management system of judges. This paper puts forward the solutions from the aspects of judge independence system, judge assessment system, judge selection system and the construction of rational incentive mechanism. Third, to improve the quality of judges, we think that at present, we should focus on the construction of rational thinking mode of judges, professional ethics cultivation and the continuing education system of judges and other aspects to improve the quality of judges.
【学位授予单位】：江南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.13
[Abstract]:An era needs a theme, and the theme of the people's court in the 21 century is justice and efficiency. In recent years, the reform of trial mode around this theme is in the ascendant and has achieved great results. However, as the carrier of fair administration of justice in people's courts, the quality of judicial documents is still not high, one of the most important aspects is that reason is not strong and does not pay attention to the art of reasoning. How to increase the transparency of procedural expression in civil adjudication documents and explain and demonstrate the reasons, in order to improve its credibility and persuasion, and realize the fairness and justice of adjudication documents, has become the most important thing in the reform of adjudicative documents. Based on this, this paper will be based on the current situation of judicial reform in contemporary China, in order to make some theoretical contributions to the reform of civil judicial documents in order to make a deep discussion on the rationality of civil adjudication documents. The argument of this paper can be summed up as follows: first of all, the paper discusses the concept, scope and other connotation and extension of civil adjudication documents, which delineates the scope for the further discussion of the paper. So that the discussion can have a certain unified definition of the domain or discussion platform. Secondly, from the point of view of historical review, this paper discusses that the reason of judicial documents is the inevitable element of judicial documents. Thirdly, it focuses on the analysis of the problems and causes of the rationality of civil adjudication documents in our country. We believe that at present, there are the following problems in the reasoning of civil adjudication documents in our country: first, the identification of the facts of the case is lack of evidence analysis, the second is the lack of interpretation of the applicable law, the third is the lack of logical analysis and reasoning, and the lack of logical analysis and reasoning. Fourth, the focus of the dispute is not summarized or inaccurate, the reasoning is lack of pertinence and so on. Then, the causes of the above problems are discussed from two aspects: institutional factors and human factors. The institutional factors include: the structure of the court litigation document style has defects, which limits the reasoning of the document, and the lack of institutional incentive factors limits the enthusiasm and creativity of the judge to reason, and the lack of institutional incentive factors limits the enthusiasm and creativity of the judge to reason. The failure of independent trial is the main reason why judges dare not reason and are not easy to reason. The human factors, including the judge's culture, the low professional quality and the deviation of concept and cognition, are the main reasons why the judge is unreasonable and unwilling to say it. Finally, on the basis of the above analysis, drawing lessons from the relevant practices of foreign countries, this paper puts forward some concrete countermeasures to strengthen the rationality of civil judgment: one is to reform the structure of the judgment to strengthen the rationality; the other is to improve the management system of judges. This paper puts forward the solutions from the aspects of judge independence system, judge assessment system, judge selection system and the construction of rational incentive mechanism. Third, to improve the quality of judges, we think that at present, we should focus on the construction of rational thinking mode of judges, professional ethics cultivation and the continuing education system of judges and other aspects to improve the quality of judges.
【学位授予单位】：江南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.13
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