The Judgment Of The Acceptability Of Empirical Research

The key problem this thesis deals with is that positivist study on Acceptability of Verdicts (AOV), or the thesis aims at seeing through present condition of which and making preliminary analysis about the reasons behind the condition. The conclusive topic of this thesis is: The Verdicts in China are well-acceptable in these years, and the main reason lies in that judges not only attach too much importance to handling cases according to law, but also pay attention to the problem that whether the results satisfy the ones who receive the Verdicts.Going round the topic, this thesis contains three sections and four chapters. The first section "theoretic preparing section", or the first chapter. This section centers on the foundation and visual-angle choice of positivist study, meaning and judgment of the AOV. This section points out that it is feasible to make empiricist positivist study on the AOV, but we should study it from the visual-angle of relationship between the ones who pass judgment and the ones who receive it. By the AOV, we mean that whether the persons concerned will receive the verdicts made by court. If the verdicts are received, we can say that they are of acceptability for those people. If not, the verdicts lose its efficacy of acceptability. Judging the acceptability of verdicts, we should measure the condition of AOV for persons concerned from three indexes: the rate of submitting to first-instance judgment, second-instance judgment, and appealing to executing the order. However, we should measure it for court system from the rate of vote of second-instance judgment, vote of review, maintaining the Verdicts coming into effect.The second section "analysis of present condition of AOV ", or the second and the third chapter. The second chapter deeply analyses the three index (the rate of submitting to first-instance judgment, second-instance judgment, and appealing to executing the order) and investigates the AOV from the visual-angle of the persons concerned. The third chapter deeply analyses another three index (the rate of vote of second-instance judgment, vote of review, maintaining the Verdicts coming into effect) and investigates the situation from the court's point of view. On the bases of the second and third chapters, this thesis sums up the present situation of the AOV and points out that if we regard the condition of the AOV in last 17 years (from 1988-2004) as a criterion, we can say that in recent years (from 2002-2004) Verdicts in China are well-acceptable.