Research On The Certainty Of Judicial Adjudication Verdicts And Its Realization

Certainty of law is a basic belief of a society ruled by law and certainty of adjudication reflects judicial fairness. However, it is becoming a doubtful issue in the modern society. How do we regard the certainty issue of judicial adjudication? This paper concludes through the research from the aspect of jurisprudence that certainty of adjudication is still the key value and purpose of judicial fairness and that it can be realized. We have the ethical duty to pursue certainty of adjudication. Having said that, certainty of adjudication is not absolute and cannot be blindly worshipped. The methods for improving certainty of adjudication are: establishment of a good legal system, independent judiciary, effective control over judicial discretion, and professionalization and specialization of judiciary. However, there are many problems and encumbrances in present China in achieving those goals. The realistic methods from the judicial aspect are: appropriate wording of regulatory documents such as judicial interpretation, establishing case law system with Chinese characteristics to supplement codified laws; reinforcing collective adjudicating system( formation of a special panel of presiding judges); reinforcing adjudication levels system to safeguard the unification of adjudication activities; development of legal community.