On The Judgment System And Its Function In The View Of Program System Theory

Idea of system theory, this paper tries to interpret the judgment system, combined with the present judicial reform "centered on trial proceedings reform and strengthen the legal document for an interpretation reasons things out the" requirement, in the middle of the judicial process and judgment reasoning on the theory of system theory, set up a bridge, in resolving disputes involving lawsuit and dispute resolution level communication of two kinds of judicial reform train of thought, and put forward a conclusion of theoretical assumptions.First of system theory, the social system, legal system theory are summarized, the theoretical framework of the whole system to do a simple knowledge of the sketch. System theory part briefly describes the system origin, concept, characteristic; Social system theory part summary Luhmann system theory and basic concepts; Legal system theory part is natural science since creation theory and figure since the creation in Buner law theory a brief evaluation.Secondly this part summarized theory of procedural system theory of representative, together with the first part of outline theory field of vision. The figure in Buner, Habermas, Luhmann, domestic scholars program system theory interpretation in turn. Once again, the nature of the judgment system, elements and function are analyzed.Thirdly this part puts forward the new classification and elements function requirement, the scholar’s theory model and put forward the reference criteria for function.Finally from judicial culture, program reduction, legal language, such as Angle, to the function of judgment system problems one by one, and briefly put forward application system and the judgment system of heteronomy correlation Suggestions and ideas.