裁判文书理由写作存在问题及对策

On the Problems of the Writing of Judgment Documents of Juridical Reasons and Its Countermeasures

裁判理由的写作历来被公认为是裁判文书制作的灵魂。但司法实践中其存在的问题却非常严重。如判决理由简单化、模式化,证据采信理由论证不充分,引用法律不规范、不缜密、不具体等;裁判理由改革是裁判文书改革价值目标中公正、效率价值的充分体现。它不仅要求加强对庭审中有争议的证据进行分析、认证,而且要求记录裁判过程,公开裁判理由。

The writing of juridical reasons is always recognized as the soul of judgment documents writing. However, there are serious problems with their writing in real judicial practices, for example, the juridical reason being simplified and stereotyped, the admissible evidence being insufficient, the invocation of laws being not standardized, meticulous and specific, etc. The reform of juridical reasons is a full manifestation of fairness and efficiency in the target values of the reform of judgment documents, which requires not only the analysis and authentication of disputed evidence in the court hearing but also the recording of the trial process and the publication of juridical reasons.