The Judicial Referee Acceptability

At present our country is in the development period of social transformation, various disputes growing. The awareness of the ruling party to a series of problems in our country at the moment, and conform to the trend of The Times, In order to achieve this goal, properly deal with the relationship between the judicial referee with audience opinion, introduced a concept of the judicial referee acceptability, conducive to the proper settlement of disputes, maintaining social harmony and stability.promote harmonious dispute solving social conflicts and focus and harmonious solution to the conflict, in the end, is the judicial referee is acceptable. With the enhancement of social rights consciousness and the development of the media, and the social from all walks of life are increasingly focused on justice, therefore, fast and fair dispute resolution properly to maintain social stability, maintain judicial authority and promote check of dispute has very important value and social harmony. In order to achieve this goal, properly deal with the relationship between the judicial referee with audience opinion, introduced a concept of the judicial referee acceptability, conducive to the proper settlement of disputes, maintaining social harmony and stability. This article mainly USES the method of sociology, empirical analysis methods, such as reasoning method studies the acceptability of judicial judgment, for developing the dash. The article is divided into the following four parts:Chapter 1: Acceptability of judicial referee puts forward the background, the current domestic and foreign research status about acceptability analyzed combing, perelman, etc by means of comparison and analysis the theory and the theory of domestic and foreign scholars put forward the opinion to the judicial referee acceptability co., the introduction of it to improve the authority of the court, improve the judicial referee convincing degrees, has a pivotal role. At the same time analyzed the concept of judicial referee acceptability. From the analysis of the referee and accept different semantic integration, summing up the concept of judicial referee acceptability, accept the object for the subject can accept without rejection properties. At the same time analyzed the characteristics of the audience opinion, highlights the importance of acceptability concept in judicial activities.The second chapter:Analyzed the importance of acceptability for the judicial referee legitimation. First of all, on the base of analysis of judicial judgment has three attributes, from the theory emphasized the importance of acceptability; Then, through specific case, the paper expounds the judicial referee acceptability concepts concrete application in practice.The third chapter: the plight of the theory of the judicial referee acceptability. Judicial referee acceptability theory under the background of the concept of judicial democracy, for the judge to exercise discretion represents a wonderful vision, but under the reality of our country has many many difficulties encountered, the proper basis of the existence of a suspected, such as political paradox, theoretical obstacle, as a judge on the basis of difficulty, is no excuse for legitimation. Does not damage the dignity of the rule of law in pursuit of social effect and authority.The fourth chapter:To optimize the path of the judicial referee acceptability, can accept the introduction of the method. Can through legal proceedings in the process of equal dialogue between the subject and the rational negotiations to reach a consensus is of great significance to the acceptability of judicial judgment, because the parties are involved in the formation of a consensus process, which includes the position and views expressed their own interests. Of course, this is not a perfect path, but more with the help of legal methods to resolve the plight of the theory of the judicial referee acceptability.