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判决书是法院针对实体问题作出的结论,具有极高的权威性、严肃性、稳定性和拘束力,其重要性毋庸置疑。目前我国法院判决书的撰写存在一些不足,主要表现就是释法论理的程度不够深刻、逻辑不够清晰、措辞不够明确。判决书是对具体案件的解决,必须依法论证、以理服人。判决书重在释法论理的实质是强调法律适用的正当性、判决理由的充分性,是强化具体案件与适用法律必要的内在联系和紧密的逻辑关系。通过有效证据、客观事实、相关法条,运用严谨的法律思维进行衔接和论证,使包括当事人在内的公民感受法律的严肃公正,彰显判决的准确性与公信力,这既是法治的需求也是法治的体现。
Judgment is the court’s conclusion on the substantive issue, with its high authority, seriousness, stability and binding force, the importance of no doubt. At present, there are some shortcomings in the writing of the verdict in our country. The main manifestation is that the level of interpretation of legal amends is not profound enough, the logic is not clear enough and the wording is not clear enough. The verdict is a solution to a specific case and must be justified in accordance with the law in order to persuade people. Judgment focuses on interpretation of the essence of interpretation of the law is to emphasize the legitimacy of the application of law, the adequacy of the reasons for the decision is to strengthen the specific cases and applicable laws necessary internal relations and close logical relationship. Through effective evidence, objective facts and relevant laws and regulations, the use of rigorous legal thinking convergence and argumentation, so that citizens, including the parties, feel the law of justice, to demonstrate the accuracy and credibility of the verdict, which is both the needs of the rule of law and the rule of law reflect.