Why should the judgment document be reasoned?
The task of judicial trial is to resolve disputes or adjudicate cases. Compared with other dispute resolution mechanisms (mediation, arbitration, etc.). ), the characteristics of judicial adjudication is not how to solve disputes, but how to solve disputes.
Judicial trial is a kind of reasoning activity to solve disputes. It should not only tell the parties and the public what the court's judgment on a specific dispute is, but also tell them why it was made. The reason given is reasoning, reasoning or argumentation. Judicial trial is a process of legal reasoning or legal argumentation. Legal reasoning in judicial adjudication refers to citing normative reasons (laws) and factual reasons (facts) to support the final concrete judgment.
Article 1 of the Opinions clarifies the purpose of reasoning in judgment documents, which can be summarized as three points: first, improve the acceptability of judgment and realize the organic unity of legal effect and social effect; The second is to enhance the predictability of the referee; The third is to better realize judicial justice. If we restate this theory, we can think that the overall goal of judicial adjudication is to pursue the unity of legal adjudication and case justice.