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法院的裁判文书是人民法院面向社会公布裁判结果,体现法官如何适用法律审判案件的一个载体,它的质量关系到人民法院的形象,关系到当事人服判息讼和社会安定。人民法院的法官在制作裁判文书时既要体现公开、透明,又要强化说理性,突出制作裁判文书的法律依据,以提高公信度。因此,使法官制作裁判文书的能力达到“辩法析理,胜败皆服”的效果,对加强司法能力、提高司法水平,实现司法公正有着重要的意义。为此,本刊自2005年第一期起开辟“裁判文书点评”这一栏目,力争每期刊登一篇有特点的裁判文书请专家点评,以期对提高裁判文书质量有所裨益。
The judicial instruments of the court are a carrier for the people's court to announce the result of the referee to the public and reflect how the judge applies legal trial cases. Its quality is related to the image of the people's court and the parties' judgment and interests and social stability. Judges of the people's courts must not only display openness and transparency when making their judgments, but also emphasize rationality and highlight the legal basis for making judgments so as to enhance their credibility. Therefore, it is of great significance to enhance the judicial ability, improve the judicial level and realize the justice of the judiciary by bringing the judge's ability to produce a judicial document to the level of “analyzing the defeat of the defendants”. To this end, the magazine since the first issue of 2005 to open up “referee paper ” this section, and strive to publish a featured referee each time expert comments, in the hope of improving the quality of the verdict paper benefits.