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The Acceptability Of Judicial Verdict

Posted on:2012-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:R BaoFull Text:PDF
GTID:2216330338459759Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Today, China is in the process of building the rule of law, the laws in the social adjustment of status and role in the growing, judicial decisions have become the most important dispute resolution mechanism, in improving the rule of law in China also played an important role; At the same time, society's expectations of judicial decisions have become more sophisticated, the traditional characteristics of a mandatory to have been unable to meet the growing judicial complex of modern disputes. Many involve the vital interests of the parties disputes the decision can not be accepted by the parties. Judicial dispute resolution as a last line of defense, access to the members of the community to accept that resolve conflicts, solve disputes, the key to building the rule of law, only parties to accept members of society agree, that is, accept the verdict, the result of judicial decisions can be well compliance to a one-time, the real solution to the dispute. This article related to the problem of the admissibility decision to make paper. This paper is divided into four parts were discussed:Part I: Overview of acceptability judgments. This section introduces the connotation of sentence acceptability and characteristics of standards. The acceptability of so-called decision, is the decision made by the court to make decisions with the audience recognition, trust and acceptance of the property; the acceptability of both subjective judgments, social, diversity characteristics; sentence acceptability with lower levels of standards - standards of obedience and a higher level.Part II: the status of acceptability judgments and necessity. This section describes the shortcomings of our current judicial decisions, "the implementation of difficult" and "secondary conflict" and the petition, the phenomenon of frequent complaints, resulting in the loss of judicial authority. Meanwhile, with the social attributes of judicial and legal, it must pursue its social effect, which is to settle disputes, building the rule of law necessary.Part III: factors that influence acceptability judgments. Acceptability judgments by many factors, including cultural psychological factors, legislative factors, judicial factor, the main factors and technical factors and other aspects. I will be all aspects of its elaboration.Part IV: enhancing the acceptability of the recommendations of judicial decisions. First, to improve legislation and to overcome the limitations inherent in our legislation. Second, to reform the judicial system, strictly implement the judicial independence, judicial openness, due process principles. Third, improve the quality of judicial body, strengthening the professional ethics of judges and improve the professional quality of judges, shaping the modern concept of justice. Finally, from the practical and operational perspective to improve the formation of ground path decision.
Keywords/Search Tags:Decision, Acceptability, Social effects
PDF Full Text Request
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