Study on the Reasoning Traceability and Reform of Family Related Judgment Documents

Abstract

How to present good reasons in judgment documents has been a common problem. This study takes family judgment documents as the pointcuts and is going to discuss how to achieve effective reform through the reasoning traceability analysis. In current stage, China has not promulgated separate legal regulations on family related litigation, the corresponding reasoning part is based on the relevant provisions of civil proceedings, such as the guidance related to the writing of civil judgment document issued by the Supreme People's Court in 2016. Although this document makes some provisions on reasoning in civil judgment document, taking the consideration of certain specialties of family cases, the identities of the parties also have special certain natures, reasoning in family judgment documents usually focus more on the integration of "emotion". Therefore, to standardize family judgment documents at this stage only by relevant provisions of conventional civil litigation is not sufficient, and not able to meet the demands of family cases, and it also shows problems in judicial practice. In 2016, China comprehensively carried out the pilot reform of family justice, which plays an imperative role in following research and development of family judgment document. And the level of reasoning in family judgment document improved in the process of form innovation and practice experience accumulation. However, the pilot work does not set up standardized and complete specifications on making family judgment document. Through the combination on the theoretical analysis and judicial practice cases, and the summary of main problems encountered at present, this research will propose suggested countermeasures, and is targeted to facilitate the development of reasoning in family judgment document.