Replying documents are important judicial interpretations of the Supreme People's Court to guide and govern judicial practice.Replying documents are a collective term for a class of documents,including(re)letters,replies,an-swers,and answers to journalists'questions,among other forms.Reply documents have passive,authoritative and terminal characteristics.Functionally,they are designed to answer requests,respond to procedural negotiations,and enrich legal norms(reasons);Genetically,the Supreme People's Court uses them to decide legal issues in judicial practice,to dis-close issues in the process of specific rule-making,and to facilitate exchanges and communication on legal issues.Judicial practice has shown that reply documents are often used by the courts as a reason for judgement or even as a basis for judge-ment,but there are also problems of unclear reasoning,insufficient effectiveness and inappropriate methodology in their practical use.Courts should be good at using legal methods to deal with the problems faced in the application of responsive documents.Theoretical research and practical studies have shown that,in the process of promoting judicial reform,it is necessary to give full play to the knowledge-transferring and information-disseminating functions of responsive documents and to reduce their normative functions as much as possible,so as to lay a methodological foundation for the full realization of the people's courts'independence in adjudicating cases in accordance with the law.
关键词
最高人民法院/答复性文件/裁判理由/司法适用/法律方法
Key words
Supreme People's Court/responsive documents/reasons for judgement/judicial application/legal ap-proach
维普
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