Author: First Criminal Tribunal, Haidian District People's Court
Publisher:
Publish Date: 2005-09-01
Features: For many years, I have been concerned with the quality of criminal judgment documents. Whenever I encounter masterpieces with well-supported narratives and logical arguments, I am filled with excitement. During my time of exchange at the Haidian District People's Court, I gained a relatively comprehensive understanding of the criminal trial work of grassroots people's courts. Behind the fast pace and high efficiency lies first-class adjudicative quality, which deeply moved me. Here, there isn’t much fixed time for criminal judges to meticulously refine judgment documents. Most of their time is occupied by extensive court hearings. Yet, even under such circumstances, the criminal judgment documents they draft remain commendable. While reviewing the criminal judgments tried under the general procedure in 2004, I couldn’t help but be deeply moved. The text I read was straightforward and fluent, yet it conveyed vivid court proceedings, as if intense debates were unfolding before my eyes. The wisdom of judges in guiding court hearings and judging cases was fully demonstrated. I had no reason to let these brilliant judgments slip through my fingers. They are precious experiences, invaluable treasures, the crystallization of the hard work of criminal judges, a medium showcasing the judicial capabilities of criminal judges, and proof of their judicial abilities.
Analyzing judgment documents is a routine task for the First Criminal Tribunal. The comments are often discussed during early meetings and professional seminars. Although my personal judicial experience is limited, my theoretical foundation is limited, and my ability to structure and master language is also limited, the comrades of the First Criminal Tribunal still entrusted me to edit these contents to promote exchange. With the trust and support of the comrades of the First Criminal Tribunal, I have attempted to analyze and summarize some excellent judgment documents from aspects such as factual descriptions, evidence application, legal reasoning, and argumentation techniques, as a starting point for discussion.
Given the limited capabilities of our editors, the selected excellent criminal judgments are not perfect. Some chapters may have questionable word choices or overly colloquial writing styles. The analysis may also be incomplete and inevitably reflect the personal perspectives of the authors. However, at least it can provide criminal judges with inspiration or references in preparing criminal judgments, expand writing perspectives, refine argumentation techniques, and enhance the persuasive power of legal reasoning in judgment documents, as well as increase the transparency of fair adjudication. This is also the purpose of our editing. We sincerely welcome valuable comments on our editorial work.
2004 Excellent Criminal Judgment Book Selected Reviews and Analyses
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