Study On Acceptability Of Judicial Decisions

Recently, more and more scholars pay attention to the evaluation criteria of the argument, especially, the study on the criteria of acceptability of argument. The judicial argument is an important part of legal argument. So it is certain that the acceptability of judicial decisions become the studying object of many scholars.The first part of this dissertation pays attention to the practical background and theoretical background. Firstly, the practical background is that much phenomenon which tells us that some judicial decisions are unacceptable. However, it is not means that these judicial decisions are unacceptable with good reason. Secondly, the theoretical background is that, in the term of logics, the issue of acceptability of the judicial decisions has already been discussed. Finally, in order to ascertain the issues what are not perfect, the description of the already existing research is necessary.The second part of this dissertation is studying on the definition of the acceptability of judicial decisions. The definition of the acceptability of judicial decisions is a relationship between the judicial decisions and the people, who select to accept judicial decisions or have no reason to refuse the judicial decisions.The third part of this dissertation is evaluation criteria of the acceptability of judicial decisions. The evaluation criteria of acceptability of judicial decisions can be divided into three groups, which are the evaluation criteria of acceptability of judicial fact,judicial reasons, and judicial conclusion. The evaluation criteria of acceptability of judicial reasons contain legitimacy and reasonableness. The evaluation criteria of acceptability of judicial fact contain on a preponderance of probability in the civil cases and beyond reasonable doubt in criminal cases. The evaluation criteria of acceptability of judicial argument contain coherence and consistency.The fourth part of this dissertation is the significance of the study of the acceptability of judicial decisions. The study of acceptability of judicial decisions deepens the study of legal argument, and promotes the accurate analysis of the present status of judicial decisions in our country, and gives a correct direction of the general obedience which belongs to the society of rule of the law.The fifth part of this dissertation is to achieve the acceptability of judicial decisions. Taking the reality of our country into account, we can achieve the acceptability of the judicial decisions from the term of the judge and the public people. And we achieve this through the promotion of the law; also through the work of judge deal with premises of judicial decisions technically.The conclusion of this dissertation is that, the study on acceptability of judicial decisions, in essence, is the study on the acceptability of the judicial fact and judicial reasons, which constitute the premises of the judicial decisions.