From the "No Reason" Decision to Judgment "Argumentation" --Analysis of Justness of Judgment Argumentation

Because of the influence of the Civil Law tradition, the reasoning of judgment has not been institutionalized, and even been limited in the discussion whether it needs to be. Through analysis, we realize that there is an inherent requirementfor the institutionalization of it in the recent Chinese judicial context. For the first, the reasoning of the judgment is the result of the open for judge's power, and also is the judge's strategy for self-protection; for the second, it is the inherent demand of the modernization of judicial function, if can make the civilian admit the decision in the deep heart. After that, through analyzing by comparison, we try to ascertain the fundamental problems such as the subject, object of the reasoning, and so on.