Study On Generating Elements Of The Judgment

The judgment is the representation and result of judicial authority running. Generating elements of the judgment which can form and construct the judgment indispensableis include the subject and the object of generating judgment.The purpose of studying on generating elements of judgment is to explore the essential generated of elements of the judgment and their interaction. Before the investigation and analysis of the basic elements, first of all, people should start from ontology. Build on the basic theory of the judgment, it is necessary to define the meaning and attributes of the judgment. Then, people should know the content of the judgment contains in order to accurately grasping the components and generating elements of it. In the generating elements of the judgment, the judge is the core. We study the position, function and relationships of the generating elements during the judgment generating, in order to achieve the goal of setting more effectively safeguard mechanism for the judgment. At the same time, the study will be able to provide the standard of evaluation for judge.In our country, the definition of the judgment is that the judge makes an authoritative decision on how to handle the substantive questions of the case by identifying facts of the case and applicable laws at the end of the trial. Making the judgment is the lawsuit behavior of judgment and to solve the issues of entities in the lawsuit. The judgment shall be justifiable, final and authoritative. The components of the judgment have a subject, the object and decision of judgment. The generated elements of the judgment include the generated subject and the generated odject of judgment. The generated objects of the judgment include two categories othe facts of the case and the application of the law. Judgment can be divided into common type judgment, record type judgment and tableau format judgment.Generating elements of the judgment are as follows:subject elements, object elements.According to the provisions of law in our country, the judgment of generating subjects including judges and people's assessors. This paper mainly discusses the judge. From the judges' social role and the function of the court, in order to guarantee the proper operation, finality and authority of the judgment, we should be given more authority and the core status of the judge and the court to Power supervision and restraint of other countries in the political system of China. Generating judgment cannot leave the support staff to assist.A judge court clerk is responsible for auxiliary judgment. The judge shall guide the court clerk record trial record. In addition to judicial organization and the court clerk, the people's court in China set up the judicial committee. Its members have the right to decide the judgment of major and complex of difficult cases. But its voting members should only be decided legal application problems.Object of the generated elements of the judgment include the case facts and the law applicable to the contents of the two aspects. The case facts is the legal fact, it passes through the case fact advocates to carefully cut out. Judge can only rely on evidence to infer the legal facts. According to the evidence, the subject of the judgment generating conclude the case of legal facts and seek the law to draw the final processing result. This is the law applies. Confirm the legal facts and decide the dispute according to law shall be applicable and different way. Judge individual factors will inevitably affect the generation of decision.Collegial panel review apply to a simple majority decision results, however, the judicial committee must be in accordance with the absolute majority to draw law of problem resolution. Judgment is decided, just marks the establishment of the judgment. The judgment comes into force after being declared."Fault case" actually includes "investigation error"," prosecution mistake "and" the wrong judgment trial". In accord with dus process, the judge can only be concluded the judgment according to law at the time, even if finally found the judgment result deviation, also should not be identified as a "mistake".