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Jurisprudential Thinking On Acceptability Of Judicial Judgment

Posted on:2017-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:X L ZhaoFull Text:PDF
GTID:2206330488496773Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As the judicial organizatons that make the legal judgments for the entity’s part of cases in accordance with law, whether the judicial decisions are accepted by judicatory audience(mainly including community of judicial professionals, the parties and the public) or not is a significant standard that matters judicatory quality. The bankruptcy of "unique positive solution" in judicial area highlights the significance of judicial consensus in the process of dissolution, only on the logical started point of judicial consensus can judicial decisions lead to the practical ending point of case finality.During the authoritative dimension turning to the social dimension, the personal factor outstands increasingly in the area of philosophy of law and embodies in the relationship among legislation, judicature and person.New rhetoric jurisprudence promotes the establishment of the acceptability criteria of judgement and regards the audience theory and rhetoric argument as the analytical framework and implementation method respectively. The idea of acceptability of Judiciary judgement requires judges to adopt the pragmatic trial modes, conduct the sequential inferences and pursue the value diversification.On the level of the entity, judicial judgement approaching to acceptability needs to make efforts in the aspects of judicial facts, judicial reasons and judicial argument. On the level of the procedure, it needs to make perfect in power configuration, audience supervision and procedura interpretation. The relationship between justice and public opinion has always been a major problem in academics and judiciary circles. The theory of judicial democratization provides a clearer striving direction for solving the problem.
Keywords/Search Tags:Judicial Decision, Acceptability, Judicial Consensus, Implementation Approach
PDF Full Text Request
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