How Is Judicial Decision Produced

As the present of life essence, the law to the social practice also is the product of "field" to run, therefore, this proposition-"the judicial decision is how to produce out"-implies two clues:"judge's role" and "legal consciousness". Also it is the difference between this article and others about judge's role. In order to combine these two, the author tries to describe the dynamic interpretation of the role of judges in the daily life with the method of storytelling. Reading the story at the same time, the author also attempts to summarize the relationship of judicial acts and construction of legal consciousness. The above not only is a powerful supplement of research over the role of judges, but also can further improve and deepen the theoretical content of the Sociology of LawThis article is based on the field study. The object of study is the People's Court of Pingbao County. Every year the Court, "three-dimensional rural issues" of account for a large proportion of cases, most judges have a rural background. On one hand the judge handling the case has strong rural local knowledge, on the other hand judges' role-playing will be limited by customs. Coincidentally, the author constructs a native of China and the context of social acquaintances focused on the rural cases.The public gain some kind of perception and understanding of the law through all the changes on living circumstances, not in full accordance with the intention of the legislators to, and try to use the law as the ruler to measure their own resources and social justice in the life. It suggests that the public in the judicial decisions of the production process use its own standard to measure the legitimacy of the interests of others. This is bound to the principles and the pursuit of a uniform framework to measure the different demands of the legal conflict of interest. To this end, the concept of legal consciousness, I use "consciousness as a cultural practice" to eliminate binary oppositions between "individual and society".The dissertation consists of 9 chapters.The first chapter is an introduction, first of all backgrounds and academic background from a realistic point of view expounded two topics based and research purposes, emphasizing the guide of process role theory and field theory, and key concepts, theoretical frameworks, research methods and content of the study.In the second chapter of "judicial reform and path dependence:a historical perspective", the author combs the Chinese hundred legal system in accordance with chronological order, aimed to understand the coupling between system transplantation and the local resources.This study not only can provide an "incident" occurred relationship context or historical background to our judicial in the Field of the role of judges, but also help us better understand the unique role of judges to lay the foundation for empirical research.The paper is transferred into the People's Court of Pingbao County as empirical analysis."ideal and reality:a primary structural features of a judges'group" from the demographic variables (gender, age, origin, nationality, family) and professionalism construction (entry requirements, academic structure, national judicial examination, talent outflow) both is to answer the proposition of "what is the judge".Judge as a term, can be used flexibly in their daily lives, but as a professional role, only be presented in specific cases.In particular, a primary judge is a complex role which location, characteristics and value of different roles provide a different behavior. At the same time provisions of different roles affect and constrain the individual's behavior. Therefore, the role of an interactive process of judges must be implicit in the role of such norms and "role set" to explore the integration mechanism and function of social control. To this end, about the role expectations, role conflict, role performance and legal awareness under the background of judicial reform.Trial is the individual confrontation. Considering that legal consciousness determines the legal acts, the writer launches a series of case studies about role expectations, role performance, legal consciousness, legal act, etc. It constitutes the fourth chapter to the seventh chapter.In the fourth chapter caused by intentional wounding case, civil remedy between the parties was reached voluntarily, and the hosting judge had met role expectations of both sides through judicial handling skills. The differences of judge's personality in the case is presented including the judge individual's gender, family background, life experience and other factors of which may affect the judge's personality, temperament, ability, belief structure and personality structure, thus affect the judge's final choice.In the case of dog bite case in the fifth chapter, because of a rift between the parties and one using the legitimacy of the law to retaliate against the other party to implement the psychological demands, the judge encountered the conflict between procedural justice and substantive justice, national law and customary law.In the sixth chapter of the lease contract dispute, the plaintiff as a organization rather than individuals, had a variety of resources and channels to interfere with the judicial trial process, forcing the local government in the maintenance of stability of the target request to command directly the court to do the case-handling instructions.The judges should be consistent with the outcome of discussions by the Committee. Chapter seventh as a major criminal case, is an aspect of judicial corruption investigation. Throughout the process, we can clearly understand the power of judicial intervention and distortion behavior, and the judge had to endure the inner conscience of ethics, law and power conflict. The chapter is not a haphazard arrangement, on the one hand following the logical order from simple to complex, on the other hand it has the focus, such as the chapter fourth focusing on judges'personality, the fifth chapter on the legitimacy crisis of traditional culture procedural justice in our country, chapter sixth of the discussion of the role of judges the judicial committee and chapter seventh on the mechanism of role conflict.Described above, the social spatial position, orientations and attitudes of the case of all parties are the decisive factors that make results not be unpredictable and exacerbate the tensions and conflict of judges'role. This inter-relationship between the role of judges and legal consciousness is constructed by the theory of schema and resources.This is the eighth chapter "judicial conduct and legal awareness". It is some schema in people's consciousness to provide the name for the social action or discourse of power, and is used in specific scenes and interaction. While different resources structure and combination relation turn led judges processing cases differences omnipresent, there is a behavioral logic of the role of judges varied from case to case, that is, to face what type of case, what strategy, is to judge with different interests and social background parties, lawyers, and interaction between intervention awareness of the results. The results show that the role of judges be transferred from the current dispute-solving gradually to the rule-governing in the long run.In the ninth chapter, "Conclusion", the author points out that it is difficult to change some drawbacks such as judicial popularization, localization of jurisdiction and Judicial administerization under the existing judicial system to implement the judicial reform. In order to change the current the plight of the courts and judges, the author proposed shared vision to make the law become the bottom line of social justice, and ultimately attain the ideal picture of justice reform in China.