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Legal Analysis referee Instrument Reasoning

Author: ChenWenLi
Tutor: HuYuHong
School: Suzhou University
Course: Legal Theory
Keywords: Judgment Documents Argue Legal basis Reasoning functions Format
CLC: D926.13
Type: Master's thesis
Year: 2009
Downloads: 210
Quote: 1
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Abstract


Is written judgment in civil, criminal, administrative lawsuit, a judge for the fact that applicable law and, eventually, conclude that has the legal effect of the referee of normative legal documents. To argue for the written judgment refers to the judge to argument and the conclusion shows that to indicate that the conclusion is legal, as a kind of programming. Along with the advancement of judicial reform, judicial documents reasoning problems caused the attention of the theory and practice. As is known to all, a tight logic, reasoning fully written judgment is beneficial to promote judicial justice, eliminating the resistance of the referee, set up the judicial authority. In Anglo-American law system countries, the referee the rich contents of the documents, reasons things out the logic strong, it is a legal paper. Formatting and trial practice in our country, the written judgment tend to be serious, insufficient reason is an indisputable fact. Based on reasons things out the legal basis for the written judgment, functions, methods, problems such as language rules, points out that China's judicial documents reasons things out the common deficiencies and puts forward some countermeasures, in order to reform China's reasons things out the written judgment.

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CLC: > Political, legal > Legal > Chinese law > Justice system > The administration of justice > Judicial and administrative work
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