A Study Of Demonstration On Judgment Identification

Recently, the number of cases accepted by our courts has grown year after year.It leaves us many discussions about how to make the judgment of audience identifythe judgment in the day of value diversification. This paper is to use the way ofdemonstration analysis combined with cases to analyze this issue. It is divided intofour parts, and analyzes how can argument and judgment can be identified by theaudience of judgment.The first chapter is based on the specific theory and cases. Firstly, it discusses theaudience of judgment, and defines its scope according to the interested relationship ofjudgment. Secondly, based on the deferent subjects, it is divided into two parts, whichare internal identification and external identification, and illustrates by the specificcases. Finally, it combines with an intentional injury case to analyze and discuss theevaluation criteria and features of judgment identification.The second chapter is starting with the phenomenon which combines with twoangles of looking into our current status of judgment identification. Firstly, from theperspective of social phenomena, with listing data, it illustrates that‘difficultenforcement’is still a hard problem in judicial work. There are still a large number ofcases of our appeals, protests and petitions. Secondly, from the professional law itenumerates the main issues in the practices of justice, such as the imperfections of thejudiciary, the differences of the subject’s quality of judgment identification, therelatively lower level of the legal methods used by our court and the insufficientreasons of our court’s judgment combined with the Peng Yu case.The third chapter from the theoretical angle to sum up the main factorsinfluencing judgment identification. Firstly, from the system, the judicial system onlycontains the features of independence, openness and procedural legitimacy to achieve a system of justice. It can help resolve more disputes and maintain the social harmonyand stability. Secondly, analyzing the main factors, the judge and the audience ofjudgment have different recognitions of judgment because of their different identity,status and education level of knowledge. It is hard to form absolute unified valuejudgments. Finally, starting with technical factors, it discusses the use of legalmethods, and demonstrates the content and necessity of judgment combined with XuTing case.The fourth chapter focuses on the dis-identification of the audience and theinfluencing factors of judgment identification, and gives out some advices. This papermainly analyzes and demonstrates from three aspects, which is the perfection of thejudicial system, the improvement of the quality of the judgment identification, andenhancement of the technical methods of the judgment identification. Combined withthe specific cases, it comes up to some advices of enhancing judgment identification.