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裁判文书说理责任是一种司法责任。三大诉讼法及其司法解释中有关裁判文书说理责任的规定不够平衡和系统,尤其缺乏配套的保障机制。从说理规律出发进行分析,说理责任制度存在双重核心:一是围绕“裁判结论”进行说理,履行最高目标责任;二是针对“争议焦点”进行说理,履行最低目标责任。立足于当前司法改革背景,应当建立健全裁判文书说理责任的系列保障机制:以说理公开条款保障说理责任到位,以说理权力条款促进说理主体有为,以说理目标、标准条款提升说理整体水平,以考核激励措施条款调动说理积极性,以内外部评价条款促进说理效果实现。
It is a kind of judicial responsibility to adjudicate the responsibility of judicial documents. The provisions of the three major procedural laws and their judicial interpretations on the reasonableness of the judicial instruments are not balanced and systematic, and in particular, they lack a supporting guarantee mechanism. According to the law of rationality, there are two core points to the system of responsibility: one is to reason around the “conclusion of the judgment”, and the other is to fulfill the highest goal responsibility; the other is to focus on the “dispute focus” and fulfill the minimum target responsibility. Based on the current background of judicial reform, a series of guarantee mechanisms should be established to improve the rationale for the adjudication instruments: the principle of reasoning should be provided to ensure that the responsibility of reasoning is in place, Assessment incentives to mobilize the terms of motivation, internal and external evaluation terms to promote the realization of the effect.