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在现有法律框架和诉讼程序的范围内,有理有据胜诉机制寻求的是司法的自我修复。法院采取主动性措施规范法官裁判权的行使,传递给当事人及社会公众一种诉讼导向,打官司要有理有据才会胜诉;法官通过有理有据的下判,确保有理有据的当事人能够胜诉,也保障败诉是有理有据的审判结果,最终形成引导理性诉讼的社会舆论环境,有力推动审判权威重塑。本课题组对当前诉讼胜败进行调研后,提出有理有据胜诉机制的构建
Within the framework of the existing legal framework and proceedings, the well-founded mechanism of seeking damages is the self-healing of the judiciary. The court adopts proactive measures to regulate the exercise of the judge’s jurisdiction, passes it on to the litigants and the public as a kind of litigation-oriented lawsuit that has the merits and evidence to prevail. The judge, through judiciously and reasoned adjudication, ensures that the litigant has the right to win , But also to ensure that the losing case is the result of a well-founded trial. In the end, a social public opinion environment that guides rational litigation will be formed and the trial authority reshaped. After the group conducted a research on the current lawsuit, we proposed the establishment of a reasonable and evidence-based winning mechanism