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民事诉讼中驳回原告诉讼请求的判决如何进行推理、判决依据如何表述。针对这个问题,可以依据诉讼过程中法官对案件事实认定的不同状态,对驳回原告诉讼请求的判决进行类型化分析,按照诉讼进程,首先可以把驳回原告诉讼请求的判决分成二类:一是法官对原告诉讼请求所依据的事实形成了否定性心证;二是法官对原告主张事实形成肯定性心证。然后进一步探求在各种心证情况下,法官进行三段论推理所需要的大前提。这个大前提应属实体法或其解释,并且随着诉讼进程的推进而不断丰富和整合,上述实体法全部或部分理应作为裁判文书中援引和列明的判决依据。
How to judge the judgment of dismissing the plaintiff ’s claim in civil lawsuit and how to make the decision based on it. In response to this issue, the judge can disaggregate the plaintiff’s claim according to the different status of the judge in the litigation process. According to the litigation process, the judgment of rejecting the plaintiff’s claim can be divided into two categories. First, the judge The plaintiff litigation claims based on the facts formed a negative proof of heart; the second is the judge formed a positive testimony of the plaintiff on the facts. Then we further probe into the major premise that judges need to carry out the syllogism in all kinds of circumstances. This premise should be substantive law or its interpretation, and as the litigation process advances and continuously enriched and integrated, all or part of the above substantive law should be used as the basis for judgments cited in the instrument of arbitration.