The Study On The Formal Legitimacy And The Substance Rationality Of Judicial Adjudication

What's the standard of reasonable judgment? This question has been thought about by jurists through the ages. In different period, different jurists give different answers to this question. A unanimous standard cannot be achieved from the perspective of value. However, it does not mean that there is no standard in adjudication and that judicial officials can pronounce adjudication according to their will. In fact, in each era, every school holds their main standard which is the reasonable standard of adjudication. At present, the form legitimacy and reasonable substance are the basic standards of just judicial adjudication.This thesis consists of 4 chapters excluding the introduction.Chapter 1 discusses the basic questions in judicial adjudication from three aspects: the tradition and method of adjudication, value orientation and realization way.How to achieve reasonable adjudication? After setting the standard of adjudication, the issue of law enforcement should be discussed from the technical aspect of judicial adjudication. In the process of case trial, in order to apply just law, the case fact should be verified based on true evidence and then the applicable law can be selected according the certain case fact, based on which the adjudication result can be reached.This is a process of the application of legal reasoning which has a dialectical characteristic of the combination of thought and practice and is a thinking activity in which a subject proves a new conclusion from premises known and by logic reasoning. Legal reasoning is an importance field in the methodological study of law, which can be divided into the legal reasoning of form and the legal reasoning of substance according to whether the value judgment in needed or not in reasoning process. The reasoning related to legal value reasoning is legal reasoning of substance; otherwise it is legal reasoning of form.Chapter 2 serves as a discussion on the legality of the form of judicial adjudication from three aspects, namely, the theoretical background, logic analysis and concrete application.According to the legality of judicial adjudication form, in the application of law, the same conclusion should be achieved from the same premise, the free adjudication of appropriate applicator should not or should be least applied, and a same standard should be applied to all the people. It pursues the equality and rationality of form in thought to achieve rule by law of form. The substantial rationality of judicial judgmmet refers to the application of substantial legal reasoning and certain value adjudication to reason and make sure the adjudication result fits certain value orientation in the process of judicial adjudication.Chapter 3 presents the discussion on the substantial rationality of judicial adjudication from three aspects: theoretical background, value conflict and balance as well as concrete application.In a certaiin extent, ruling by law in judicial field is a dual improvement of form ruling by law and substantial ruling by law. The rationality of the form of judicial adjudication pursues form ruling by law, while the rationality of substance pursues substantial ruling by law, which means the realization way of ruling by law is the pursuit of the unification of form rationality and substantial rationality in judicial adjudication.Due to historical reason, Continent Law System pays attention to the study of the legal reasoning of form and rationality of form, while Anglo-American Law System pays more attention to the legal reasoning of substance and rationality of substance. In the perspective of research dimension, the two law systems tend to close to each other and blend with each other. The study of the relation between form rationality and substance rationality is of considerable importance to the right application of lawand the pursuit of fair adjudication. However, scholars both in China and abroad limit their study into the either form legitimacy or substance rationality; few of them study the relation and application of them.Chapter 4, firstly put forward that we need a operational index which can be used to guide the adjudication; secondly, this chapter discusses the application of directive system of cases from the aspect of form legitimacy of judicial judgment; finally, this chapter accounts the introduction of jury system and the localization of it from the perspective of substance rationality of judicial adjudication.