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比较法大师勒内·达维德曾言:“只要不是将法官的裁判仅仅视为国家权威宣示,裁判说理就是必需的。”~([1])法官在判决书中对判决结果的合法性和合理性进行说明、阐释、论证,几乎成为当代各国法院的通行做法。判决书说理不仅是说服当事人自愿接受判决结果,证明判决正当性的基本手段,也是限制法官自由裁量权、树立司法公信和权威的重要路径。较之于英美法系国家闲文漫笔,动辄数以万字,“篇幅宏大、论点详尽”~([2])的判决书,以制定法为传统的大陆法系国家的刑事判决书往往惜墨如金,素以“措词简洁、文字精炼、表达清晰、说理简明扼要”著称。~([3])诚然,判决书的字数的多
René Davide, a comparative lawmaker, once said: “As long as the judge’s judgment is not merely declared by the state authority, it is necessary for the judgment to be justified.” ~ ([1]) Judges’ Legality of Judgment in Judgment Sex and rationality to explain, explain, demonstrate, almost become the prevailing practice of the courts in contemporary countries. Judgment rationale is not only the basic means to persuade the parties to voluntarily accept the verdict and prove the legitimacy of judgments, but also an important way to limit the judge’s discretion and establish judicial credibility and authority. Compared with the plaintiffs in the Anglo-American legal system, frequently tens of thousands of words, “lengthy articles, the argument is exhaustive,” ~ ([2]) verdict to formulate the traditional civil law countries criminal judgments often cherish such as gold, Succeed in “concise wording, the text is refined, the expression is clear, the reason is simple and clear” is famous. ~ ([3]) True, the verdict has more words