On The Legal Ideology And The Judicial Adjudication

Facing various task situation and crisis of the judiual adjudication, the exclusvie exit lies in judge professionization, because the independence and modenization of the justice are deperded on the judge professionization to some degree. But the key of the judge professionization lies in that the judges could have their own ideology, the judicatory method and judicial technique. Coseguently, the thesis is tryirg to construct or describe such a set of ideology, judicial methods thus a set of mode of ideology and judicial technique.Constructing a set of ideology, judicial method and judicial technique that belong to the judge profession, it is decided by two hypothesizes. The first is mode of thinking that judges reason the problem, which have basic habits and thinking regulation; The second is judicial adjudication that is the judges profession, have cognition speciality and circulate the regulation. Inquirying into above-mentioned two foundations of hypothesises, the thesis analyzes definion and habit, styles and channel, paths and basic problems such as course, axiom and regulation of the judges, and corresponds the study for atmosphere and guarantees of thinking of the judges. Then, the thesis analyzes and inquiries immediately into after thinking of the judges ideology, legal methods and judicial technique problems. The legal method is a judicial the epistemological sensus for the ideology of the judges, the judicial technique then expresses the ideology of the judges in practice to talk about the sensus of the judicature operation problem, so the legal mothod and the judicial technique in essences are two sides of the issue. from epistemology aspects, the ideology of the judges is one kind legal method; From practiced the theory, the ideology of the judges is the judicial technique. Thereof, when we discuss some legal method, it is discussing some legal (judicial) technique.The thesis systemly studies and analyses the legal method and judicial techniques that judges profession should have, including the truth exploring, the legal reasoning. the legal discovery, torah detect (including the legal construction and articles it builds continuously, among them articles it builds and involves the loop - hole recruitment and is worth to scale continuously to build the articles with the judges) and cuts the quantity and the ideology argumentums freely, and it involves the relation between judge ideology and artificial intelligence, and the artificial intelligence is in the operation and the substance sensus in the judicial practice. The constructure and arrangenert of the above mentioned Legal methods and judicial technique are processed according to judical ajudication. In the juridical practice, the judges hear the concrete cause, and ascertain the cause truth first, trying to seek the legal basis immediately, then according to the legal reasoning, feasance big hypothesis of norm of law concrete individual cases, deduce a transaction conclusion of cause thereof. The judges are required to make a reading to the method, to satisfy big, of small hypothesis of shoot the relation;facing some difficult cases, if there exists loop - hole, the judges have to refresh the method to establish the explicit norm for the transaction of the cause according to the loop - hole; Sometimes there will still exist two mutually rules of law and regulations, requiring the judges to make a choicethrough a value; The in consequence of can not shut the judicial tradition and axioms of the adjudication, at the pendente lite lacks the torah according to, the judges still wants to establish the new regulation according to the rule of law and spirits.If the above and operating target lies in for the words that the pendente lite seeks a big hypothesis, so this kind of task is still not enough, because the people may scale to the legal construction, loop - hole recruitment, value of the to create to make with regulation of decency, accuracy or lealte problem address query, this requires the ordinary operation torah argumentum outside certificate of ministries to become the channel and techniques, advancing the full analysis and detailed argumentums towards being the decency, the lealte problem of the norm of law (involve to solve through ordinary of, refresh of, scale of and create to make) of the big hypothesis,, to persuade the client and the general public, the ruling that marks the ordinary reason through reasonableness rather than decide arbitrarily to make. The method of the similiter also is applicable to the freedom to cut to measure the problem, the judges anticipating the client and societies general public as to it's cut the quantity address to query freely, usually also need the channel of the psss a law argument to make an analysis and elaborate, to mark it cuts the quantity freely also is in consequence of reasonableness reason. When resolving the big hypothesis problem, the judges are again according to the torah argumentum inside the certificate of ministry becomes the method and techniques, saying the feasance above big hypothesis of norm of law and be of the cause truth of the small hypothesis create rise a kind logic relation, and according to this kind of logic relation deduce a transaction conclusion of cause. Thereof, the legal reasoning applies some unit causes only, that is the cause truth relatively understands, torah according to more and definitely, ordinary versus statutory provisions need not make the situation of the excessive reading.The transaction of the hard case, then want that the psss a law argument method advances the transaction.In the end, technical operation of the legal method and judicatures, make the cause handle the consequential certainty to become a kind probably, as a result it is important to guarantee that maintains the judicature sanity. From this aspects, the legal method and judicial techniques are an ordinary to practice the rational importance to impersonate. According to the fulfillment reasonableness that the legal method and judicial technique set up, its sensus not only lies in maintaining the justice, but also lies in making the judicatory adjudication task Legitimately to some extent, and win the respect and authorities that for the judges, thus lay a solid social foundation for the whole judges profession. If it is the truth, the judges profession turns and will exceed into straightaway, the judges will have a bright future.