A Study On Results-oriented Judicial Method

Result-oriented judicial method as a kind of judicial method of western legal system is developed in make up the lack of syllogistic reasoning model, is a kind of effective solution difficulty of complicated cases judicial judgment method, and in the traditional Chinese judicial practice, Result-oriented judicial method has been widely used because China's traditional culture on judicial practice is the impact. This article attempts to proof that, from two aspects of theory and practice, starting from the east and west two legal systems, result-oriented judicial method in the east and the west in judicial practice have been widely applied and played a positive role, and it is a kind of effective judicial judgment method, especially in solution difficulty complex cases. The authors hope that the result-oriented judicial method is in the application of Chinese judicial practice by means of its own research.This paper from the western legal system, analyses the development process of the result-oriented judicial method in the western legal system and the role of judicial activities, especially in western society now, faced with the increasingly complex social situation, while syllogistic reasoning model is nothing, result-oriented judicial method in solving difficult complicated cases has played an important role, so as to prove the result-oriented judicial method value. Then from analysis of Chinese traditional judge, it is concluded that because of political structure and the influence of the tradition culture, result-oriented judicial method in the traditional Chinese judicial practice is also in absolutely dominant position. Then through two classic cases happened recently in China, which is more important social influence, it is illustrated in modern Chinese judicial practice, although the contemporary Chinese judges accepted the training of syllogistic reasoning mode, but because of the influence in traditional legal culture, they have consciously or unconsciously applied the result-oriented judicial method, and have a good social effect.Finally, from two aspects of inevitability and necessity, this paper pointed out that result-oriented judicial method is still necessary in judicial practice in future, therefore it is necessary to foster its strengths and circumvent its weaknesses, continue to play its role.