通过对中国审判法律应用支持系统裁判文书库中检索到的涉“好意同乘”案件的统计分析,初步得出民事法官在该类案件的判决中,存在回避或选择性说理逻辑,以“独白式”为主的说理逻辑等问题。而上述种种乱象的产生,则囿于诸多因素,如对越权造法的担忧、社会舆论的压力、司法行政化的遏制、习惯性思维的作祟、知识、经验兼顾型法官的缺乏、类型化指引的缺位等。对此,结合文学美学、法律逻辑学等视角,提出在观念上实现从“独白式”说理向“对话式”说理的转型。在立法上赋予法官个案司法解释权,同时健全法官裁判说理的责任体系。在体制上,建议推进法官独立改革,并设置判决说理指标。在能力导向上,提出以“可接受性”为核心的法官选任机制,同时构建以清晰化和严谨化为导向的说理逻辑类型化指引。 Through the statistical analysis of the cases of “Goodwill, Sameness and Multiplication” retrieved from the database of China’s trial law application support system, the author concludes that civil judges have the logic of avoidance or alternative reasoning in the judgments of such cases “Monologue ” based logic and other issues. The above chaos arises from many factors, such as the concerns over the law of extra-territorial rights, the pressure of public opinions, the containment of judicial administration, the mischief of habitual thinking, the lack of knowledge and experience, the lack of judges, the typeifications The absence of guidelines and so on. In view of this, combining with the aesthetics of literature and legal logic, this paper puts forward the transformation of conception from the theory of “monologue” to “dialogue”. Judicial interpretation is given to each judge in the legislation, meanwhile, the system of responsibility of judges’ judgment is improved. In terms of system, it is suggested to promote the independent reform of judges and set judgment indicators. In the aspect of ability orientation, this paper puts forward the mechanism of selecting judges with “acceptability ” as the core, and at the same time, it constructs the guideline of logic typeization guided by clarity and strictness.