Study Of Fair Judgments In Litigants' Mind

It is fair judgment which is required for the implementation of the principle of the ultimate judicial resolution .To measure whether the judgment is fair, the criterion is multiple , which include the theoretical consideration of the law specialist, the measurement on the basis of experience by peers , the sentimental and moral assessment of common people , or the appraise of the media , etc .Different classes take different criteria. Among these criterion, it is the opinion of litigant, who is the joiner on the process of the judgment in court and the direct bearer of the result by the judge, that is regarded as the most important criterion by the writer .I n modern china, although we focus on fairness of judgment theoretically, we pay more attention to study the fairness of judgment on the law and specialist level on the most occasion. Which judgment on earth is the fair judgment to the litigant? What differences between litigant and law specialist for the criteria of fairness? Why do they take different criterion and how do they attain these criterions? In this theme, writer only tries to find out judicial guideline and practical road for the fairness of judgment on the basis of these questions.In the first part, the writer offers the multiple criterion for fairness in modern society through multiple description for the word. First, the theme introduces the basic meaning, major content of concept of fairness and its fundamental spirit under different historical circumstances by citation and comparison of the common word origin for the word in Chinese and western language. Second, the theme analyses the different criteria for fair judgment in the view of law specialist, common people and litigant respectively by the method of social science. Last but not least, under the restriction of major topic ,the theme focuses on describing the criterion of the fairness judgment in the view of litigant ,which is taken consideration with the combination of the criterion in the eyes of common people.In the second part, the theme summarizes the difference and confliction between the law specialist and litigant for the criteria of fairness which is described in the first part by the way of comparison and analysis. And it tries to take deep theoretical analysis of the reason which form the confliction from the aspect such as objective environment, procedure, and psychology etc. At the same time, taking the position of pragmatism the theme embody the confliction in the process of judicial practice in china for the criterion of the fairness judgment which offers the new evidence for the explanation of a series practical problems such as procedure, lose of judicial authority, and plight of executive, etc. In the third part, aiming at the confliction and problems listed, the theme offer some reflection to promote the fairness judgment in china .The writer's reflection in which the procedure taking the place of entity as gravity, is on the basis of catering the criterion of fair judgment which is in the eyes litigant .It is a understanding process from macro to micro .Of course, it is not the true purpose of writer that the procedure can take the place of entity .In fact, the writer only wish that the workers in the field of law could realize the great contribution that the procedure would make to the fair judgment in the modern time ,in which entity law is drawn too much attention.The fourth part is the conclusive part of the theme, in which the writer tries to sublimate the major topic of the theme by fully showing the fair judgment in the eyes of litigant. Fair judgment should take the criterion of litigant as basic point to influence the criteria of common people and specialist .It also should reduce the confliction and contradiction, promote the harmony of society by attaining the universal criteria through breaking in and synchronization. Fair judgment should not be self-isolated, while we should take multiple media and paths to let the common people know the result of judgment and enhance sole case justice to universal justice , by which to attain universal criteria for judgment appraise , to fulfill the health circulation.