The Acceptability Of Verdict

With the continual perfection of rule of law in China, the lawsuit has become a most important mechanism of dispute resolution as the status and functions of laws are growing in social coordination. People's expectation towards jurisdiction is becoming higher and higher, whereas the coerciveness of the traditional jurisdiction cannot meet the modern complicated disputes. Much verdict is not acceptable when it comes to immediate interests. Jurisdiction is the final solution to the settle the disputes. A verdict is the final result of the dispute resolution through judicial act. Its main function should be dispute resolution. To solve the dispute once and for all, we should let each party to "accept" the verdict. This thesis aims at discussing the relative problems of the acceptability of verdict.This thesis consists of five parts. The opening chapter gives a general overview of the definition, standard, and characteristics of acceptability of verdict. The so-called acceptability means that the verdicts from the court can have the approval and recognition of accepting subject. Whether a verdict has the acceptability has a lot to do with the subjects- different subjects, different standard of acceptability. The author believes that the suitable subject of judging whether a verdict has the acceptability should be the objects and the legal professional community. The acceptability has the characteristics of subjectivity, sociality and diversity.The second chapter discourses the influential elements the acceptability of verdict. The acceptability of verdict is a complicated question concerning legal culture, judicial structure, the judge's quality, legal method, verdict reasoning, etc. This thesis discourses the influential elements the acceptability of verdict from different aspects.The third chapter discusses the current situation of the acceptability of verdict in our country. With the further reform and opening, there followed more and more complex and multiple social contradictions. "Difficult to enforce the law" is a serious problem in civil procedure. Cases of law-related appeal to higher authorities have been on the increase. The influential elements the acceptability of verdict still exist. The acceptability of verdict is far from optimistic.The forth chapter, from macroscopic perspective, gives some suggestions and countermeasures on the acceptability of verdict. The acceptability of verdict can be fulfilled through promoting of the reform of the judicial system and the judge's quality.The fifth chapter deals with the methods of fulfilling the acceptability of verdict from microcosmic angle. The application of legal method the verdict reasoning is a easy microcosmic mechanism of the acceptability of verdict, compared with the macro-legal system reform. This thesis in terms of practicability and maneuverability emphasizes the implementing the acceptability of verdict on the reform of the application of legal method and verdict reasoning.