摘要
当前 ,我国各级法院制作的裁判文书 ,公式化、概念化现象十分严重。写作个别化的裁判文书是解决这个问题的良方。裁判文书是理性和情感的二元统一。对同一案件 ,不同的主体对之进行理性和情感的观照 ,观照的后果呈现出极强的个性色彩。用语言将这种具有个性色彩的观照结果表现出来 ,这便是个别化的裁判文书。一个好的裁判文书 ,应该做到理性和情感的个别化。
It is a serious phenomenon that courts at different levels in our country are now producing formularized and generalized judgment documents. To produce individualized judgment documents is a means to avoid this problem. Judgment document is a dual-factor unification of rationality and emotions in documentary writing. Different subjects will have different understandings towards the same case with their respective rationality and emotions, and accordingly, the case will present its strong distinctive features. When the distinctive feature is put in words, a non-formularized-and-generalized judgment document will be produced. A good judgment document is expected to be specific of its distinctive features.
