通过对《最高人民法院公报》选编的个案进行分析,判决书的说理和逻辑论证确实加强了,但存在的问题依然很多,如说理难以服人,逻辑有点混乱。当然问题远不止于此,透过判决书文本的背后,会发现判决受三种利益、两种逻辑、一种法律观的支配,这更立体化呈现了我国法院审判的逻辑,得出的结论就是法院以判决的证成性代替判决的正当性。 Through the analysis of the cases selected for the “Supreme People’s Court Bulletin”, the rationale and logical argument of the verdict did indeed increase, but there were still many problems. For instance, it was hard to persuade and the logic was somewhat confused. Of course, the problem goes far beyond this. Behind the text of the verdict, we find that the verdict is governed by three kinds of interests, two kinds of logic and one legal concept. This more shows the logic of the court trial in our country. The conclusion is: The court substitutes the validity of the judgment for the justification of the judgment.