刑事判决应当说理,但我国现状是不说理或者说理不充分。虽然各级法院与法官已经就判决说理进行了有益的探索,但并未取得很好的成效。其根本原因在于,不仅未能深入探讨刑事判决不说理的原因,忽视刑事判决说理的制度保障,而且缺乏实现判决充分说理的方法和准则。要推进刑事判决的说理,首先要建立制度保障机制,使法官能够说理、敢于说理、乐于说理。其次,要运用阶层犯罪论体系整理法官的思考。最后,作为检测机制,需要制定并适用关于判决说理的准则。 Criminal judgments should be reasonable, but the status quo in our country is irrational or inadequate. Although courts and judges at various levels have conducted useful explorations on the judgment theory, they have not achieved very good results. The fundamental reason is that it not only fails to probe into the reasons why criminal judgments are not justified, but also neglects the system guarantee of criminal judgments, and lacks the methods and guidelines to realize the full justification of judgments. To promote the rationality of criminal judgments, we must first establish a system of security mechanisms so that judges can reason, dare to reason, and be willing to reason. Second, we should make use of the system of stratified crime theory to organize judges. Finally, as a testing mechanism, it is necessary to develop and apply guidelines on adjudication.