The Judicial Referee Accept Ability Studies

In China, with the enforcement of the legal regulation on society,litigation has become an important mechanism for people to resolvedisputes. However, it is far from up to the standard which is reflected inthe wonderful praise "Justice is the last defense of social justice." when itis put into practice. In the judicial reform the Supreme People’s Court haseven proposed that when making a verdict, people’s judges shall not onlyapply laws appropriately but also take into account the referee’s socialeffects in order to achieve the standard of "unity of the legal and socialeffects". Judiciary is the final barrier to settle disputes. However, in orderto resolve disputes completely, it is a must that the litigants and the publicaccept the judicial decisions as the final results through the legal means toresolve disputes. This paper aims to discuss the issues about the judicialacceptability.This paper is divided into four parts. The first chapter discusses theconcept and the nature of the judicial acceptability, as well as academicand practical views on the judicial acceptability. I believe that judicialacceptability not only is a kind of nature that court judgments anddecisions can be accepted and recognized by the referee audience, butalso should become one of the criteria to judge the degree of unity of thejudicial decisions on the legal and social effects.The second chapter discusses causes of the judicial acceptability andissues on that besides the collision of thinking and the convergence ofsystems, the qualities of referee itself also to some extent has an impacton the judicial acceptability.The third chapter analyzes what the standard of the judicialacceptability is as an evaluation of the social effects and the unity of thelegal effects. The fourth chapter from the legal system and cultural aspects discusseshow to strengthen the judicial acceptability, and standardize as well asinstitutionalize the criteria of the judicial acceptability so as to directlyapply it to the judicial process to truly settle cases and resolve disputes.