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在建设社会主义法治国家的进程中,我们在不断地反思教训、不断地总结经验。近年来,不论理论界还是实务界都对我国法院制作的判决书提出诸多意见。普遍认为,我国判决书存在着判决书写公式化、判决理由简单化,甚至缺少法律论证和法律推理等问题。有人认为不断地吸取西方法治先进国家的经验,提高法官的理性思维、法律推理和法律解释的能力,才能提高法官们撰写司法裁判书的能力。但是,中国国情的特殊性更应该让我们从我国博大精深的传统法律文化中,尤其是传统判词书写中吸取判词书写的精华,改进当代法院判词书写,使判决书更具人性化和法理说服力。
In the process of building a socialist country governed by the rule of law, we constantly reflect on the lessons learned and constantly sum up our experience. In recent years, both the theoretical circles and the practical circles have put forward many opinions on the judgments made by Chinese courts. It is generally believed that there are problems in formulating verdicts and judgments in our judgments, simplifying judgments, and even lacking legal argumentation and legal reasoning. Some people think that constantly absorbing the experience of the advanced countries in the western rule of law and improving the judges ’ability of rational thinking, legal reasoning and legal interpretation can enhance the judges’ ability to write judicial judgments. However, the particularity of China’s national conditions should further allow us to draw the essence of court-sentence writing from the profound and profound traditional legal culture in our country, especially the traditional court-sentence writing, improve the court-sentence writing in contemporary courts, and make the verdict more humane and legal persuasive.