Administration Of Justice, The Effectiveness Of Comparative Study

During the construction of a country of rule of law, it is crucial whether judicial decisions are authoritative and static and can be socially deferred or not. If a judgment can not be performed and its stability cannot be assured, the judicial system, which is expected to solve social dispute eventually, will lose its existing foundation, and the goal to manage state affairs by law will not come true. In China, due to the lack of legal cultural tradition upholding effectiveness of judgment, and plus the negative impact of the thinking line "be practical and realistic" , research on effectiveness of judicial decisions has been neglected in field of procedural law. And moreover, the public has no conception to uphold and defer to judgement of court. All these results in the terrible weakness of judicial effectiveness.So to strengthen theoretical study on effectiveness of judicial decisions, to cultivate the ideal of judicial effectiveness of judgement adjusting to modern justice system, is not only the urgent demands both for legislation and juridical practice, but also the external desire to achieve the goal managing state affairs ipso jure.In this thesis, the author demonstrates the effectiveness of judgement aiming at above problems by comparative, analyse and demonstration methods. Firstly, the author introduces the theory of effectiveness of judgement by analysing the value of judicial effectiveness, the external and substantial effectiveness of judgement, and finally the conflicts between effectiveness of Res Judicata and pending judgement.