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The Research Of Judgement Acceptability Of The Lawsuit

Posted on:2013-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:L J XiaFull Text:PDF
GTID:2246330371987924Subject:Law
Abstract/Summary:PDF Full Text Request
The administration of justice undertakes to dissolve the social contradiction, safeguard society’s harmonious and steady responsibility. It is the referee’s process and result that the administration of justice is most close to people, and whether the process of lawsuit and judgement result could be admitted and accepted by the party, involve whether the dispute could be solved effectively. Then the last referee has become some of connection of entity and procedure, people pay close attention to the referee, the focus lies in the referee’s acceptability, a psychology verified by judicial authority and the judgement that can try out suit people, whether accepted by people. That refer to lawsuit the acceptabilities of referee judicial authority have the not accepting subject holding of referee functions and powers and referee where due course of law is make to cases legal Attribute refused. The exposition of the acceptability current situation to the lawsuit referee of the article, through the judging rate of the clothes of first instance, come into force judgement clothes person who sentence, apply person who carry out, second instance person who keep, review person who keep, come into force judgement person who keep,etc. datum index come on, appear, can not reflect accepting the intensity to statistics of the data subjectively to the referee of social people. Judge the lawsuit referee’s acceptability is not to only depend on the data, but should set up on the foundation of interaction which referee and people accept. Judge, appraise lawsuit acceptability a particular objective standard of referee.This text passes the research of the acceptability of studying domestic and international lawsuit judgement, this text and meaning of acceptability with differentiate and analyse and starts with from lawsuit production process of referee, understand lawsuit referee, the referee’s recipient and concept of the acceptability, subdivide the type of the referee’s recipient, the concept to acceptability and legitimacy is differentiated and analysed, distinguish the social people’s will of the people of case reflected toward acceptance degree of the case of knowing the case, combine accepting the current situation to lawsuit referee of people of our country, is in the hope of finding out the factor influencing judgement acceptability of the lawsuit. The judge’s right of judging amount of freedom when this text can further publish the factor influencing judgement acceptability of the lawsuit in lawsuit process the judge clears up the bright legal course and applicable law, the referee accepts the subject and knows the intensity to the participation of the lawsuit referee, party person who wade of position little all psychology expect with lawsuit referee disparity of results, society the people know psychology of people of case expect with case lawsuit process and judgement disparity and some unknown factor impact on lawsuit process and judgement result of result’Including relieving folkly, mistake guiding, negative effect of the frame-up, false and wrong cases, judicial corruption and the specific power person’s interference of the media,etc. To the factor influencing judgement acceptability of the lawsuit, the article puts forward the countermeasure from the entity and procedure respect, fruit in the angle from lawsuit process and referee through standardizing routes such as the judicial act, carrying out open trial conscientiously, accelerating judicial efficiency,etc. strictly, set up rule and depend on the rule, orderly behavioural norm system, strengthen a referee and argue and prove to talk with the party’s communication with the administration of justice, ensure the justice. Put forward the suggestion of solving to case will of the people and conflict of the administration of justice, ensure judge’s neutrality, deal carefully with the relation of the will of the people of case and administration of justice. While strengthening institutional improvement, popularize the moral education of the job, promote and participate in or influence the job quality of professional personnel and social member of law of lawsuit judgement in an all-round way, it is wilful to utilize the trade to standardize the system to ensure the judicial independence and restriction judge, strengthen the job norm of the legal profession and job moral education, make the behavioural norm to restrict the blind leading report of the media, promote the behavioural norm criterion standard of the media trade. Improve the judicial environment, stop the intervention of the lawsuit process and judgement result of unknown factor inside and outside the judicial system firmly. And fill through various completion which standardize the system, ensure the judicial independence and justice, safeguard judicial dignity, is in the hope of improving the judgement acceptability of the lawsuit, promote judicial public trust, promote the society to be harmonious.
Keywords/Search Tags:the lawsuit referee, recipient, acceptability, Cases of public opinion
PDF Full Text Request
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