On The Legitimacy Of Judicial Judgment

Legitimacy refers to the public’s inner acceptance and therefore voluntary obedience.The political legitimacy is the inner self-identity of the public to the political authority,political domination and political order.Modern has dropped,the pattern of political legitimacy reversed,traditional political legitimacy comes mainly from religion,consanguinity,God’s will,and modern political legitimacy is from the point of view of the public,namely, bottom-top evolution from top-down.From this,the analyze of the legitimacy of modern politics has also transformed into the two dimension,which is the agreement and rationality.The legitimacy of justice judgement refers to the public’s inner acceptance and therefore voluntary obedience,it is about the party’s posession and right and even the life.The binding justice judgement is effective for the public,so justice judgement can be also analyzed on the point of legitimacy.Justice is a part of the national political system,of course, the legitimacy of modern justice judgement can be analyzed by the path of demonstration of modern political legitimacy.But after all,the justice has its uniqueness,that is,the nature of the judgment is the property;judicial decisions based on a series of estimates,if the estimates are correct,objective and no flaws,then the judgement will be persuasive.Justice can be typed ideally into four parts,judicial power,judicial basis,judicial logic reasoning and judicial procedures,through the analysizing the four parts, we can demonstrate the legitimacy of the judicial decision.The analysizing of the judicial power,which can make the right qualification to make the judicial judgements.Judicial judgments should be basied on the legitimacy norm.Judicial logic should be reasoning and flawless, so it can swept any slurs or suspicions about judgment away and makes the judicial judgment be more trustworthy and prove the legitimacy of judicial judgment.Analysizing of the judicial process is to prove that the process palys the basic role of judicial judgement legitimacy,it is the judicial procedures for its independence and neutrality and participation and publicity that makes the judicial estimate to be correctness and flawless and no reasonable doubt attitude and appear in front of the public,and to enhance the judicial judgement legitimacy.The four dimensions of Judicial judgement legitimacy,we can not say that some are imporant or not.May be more appropriate to express,they are all very important and indispensable and complement each other and organic unity.Namely quadrupedal together support the legitimacy of the modern judical judgement.To enhance the legitimacy of modern justical judgement,it is necessary to make efforts on the judicial power and the judicial basis and the judicial logic reasoning and judicial process.The qualification of judicial judgment should be right,the judicial basis should be justified,the judicial logic reasoning should be rigorous,the judicial procedure should be independent and neutrality and participation and open.