On The Judicial Acceptability

It is the common will and the important basis of economicdevelopment and improvement of society and live and work in peace andcontentment that build up the harmonious socialist society. However, societyis composed of a range of complicated people to people relation. Disputewill produce when contradiction come. Judicature plays a pivotal role in theprocess of solving complicate and build up the harmonious society.Satisfactory solution to complication is the important safeguard. Throughjudicial which are the final defense line, if it still erase dispute, then, thelitigant only could solve the dispute by the extreme way, so that theharmony of society no longer will exist. So how to make the dispute solvedin the scope of judicature is the mission of judicature which can not beavoided. Whether the dispute can be solved or not depend the acceptance oflitigant to judicature. So the acceptability of judicature is of importance. Inlight of litigant, this article analyses the factor of that judicature can beaccepted by the litigant and promote society harmony, and Proposes thecorresponding countermeasure. This article is mainly composed of fourparts:First part: The outline judicature acceptabilityThis part mainly analyses the conception of acceptability in judicature,and the present situation of the degree in judicature acceptability. The part ofconception introduces the Connotation and Characteristic and the standardwhich the litigant accept judicature. The part of present situation introducesthe malpractice of that judicature can not be accepted by the litigant and thesociety.Second part: Necessity and possibilityIn base of retorting the viewpoint that opposed judicature should ownacceptability, this part discusses the necessity and possibility that pursues theacceptability of judicature. Because of the sociality of law and judicature,judicature have to pursue social effect that is necessary to effectively solvedispute, Set up the judicial authority, and build up harmonious society. And, benefit guidance and procedural nature in the intrinsic influence in lawaccomplishes the possibility of judicature acceptability.Third part: The actual condition that restricts judicature acceptabilityThis part discusses the internal cause and external factor that restrictsjudicature acceptability. Internal cause discusses the restriction because oflegislation limitation itself, legislation level in our country and theinsufficient of judge and judicial process. External factor discusses therestriction because of the external power restriction from local institutions,and the support of society material base, media guidance, the elevation ofsocial law consciousness, the awaking of litigant right consciousness, thechange of lawsuit idea, irffluence of social life environment.Fourth part: Strategy analysis that process judicature acceptabilityThis part is divided to two parts. The first one is improving legalsystem. That is, improves legislation by overcoming itself restriction oflegislation and the insufficient in our legislation, and enhances the legal basethat judicature can be accepted by enhancing the quality of judge andimproving judicial process. The second one is building up the social basis ofharmonious judicature. That is improving the external power restriction andbuilding up harmonious social life environment by a range of measure.