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On The Acceptability Of Judgment

Posted on:2016-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:T WangFull Text:PDF
GTID:2206330470464086Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The article utilizes the understanding theory to analyze and study if the verdict can be accepted. The purpose of the verdict is to achieve the mutual understanding among the judges, the parties and the public, which cannot do without the function of dialogue, words and context. And the acceptability of verdict can be effected by the dialogicality of subject’ behavior, the rhetoric of principal language and the context of subject’ behavior, which the dialogicality is required to make an open and clear communication with each subject in the lawsuit; the rhetoric demands that the judges should pay attention to their utterance in the court hearing and the language’ application and that’s description during process of writing verdict; the context means that judges use non-language factors correctly in the circumstance of language use which consists of objective factors and subjective factors to impel judicial activities to operate normally. And last, there are several necessary suggestions on the basis of the previous theory and improving the acceptability of verdict, which cover about which types of right behavior the judges should choose, developing the ability of describing the words and that of analyzing the context.Firstly, the judges ought to emphasis on arguing and respecting the rights of the parties to choose conversational behavior models in the work. Furthermore, in terms of advancing the ability of describing the words, the judges should describe completely and use serious words. The last but not least, when analyzing the context, the judges must attach more importance to summoning soul towards the parties, practicing their ability of analyzing the characteristics of the parties and experiencing the appeals from the parties to try their best to realize perfect communication and understanding with parties.
Keywords/Search Tags:Understanding Theory, verdict, acceptability, judge, party
PDF Full Text Request
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