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The Legitimacy Of Judicial Decision

Posted on:2018-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:S XiaFull Text:PDF
GTID:2336330518456443Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Judicial judgment refers to the process of determining facts and applying the law to resolve disputes in accordance with the requirements of the law.The reasonable application of the judicial judgment of fact and law should be strictly in accordance with the provisions of the law,it is an inevitable requirement of the legitimacy of judicial judgment,the legitimacy of judicial judgment to establish judicial authority,to prevent corruption in the judiciary,is also in line with the needs of the development of socialist political civilization.But in real life,the legitimacy of judicial judgment is restricted by various factors,such as network public opinion,public awareness,judicial corruption.Based on the analysis of the present situation of judicial judgment in our country,we should take some measures to ensure the legitimacy of judicial judgment.The guarantee of judicial legitimacy is related to the judicial authority and image of the court,the dignity of the law,the stability of the society and the realization of the goal of building a harmonious society.In this paper,through the analysis and comparison,the author makes a deep research on the legitimacy of judicial decision.Through the analysis of the phenomenon summed up the reasons for this situation,and finally put forward feasible methods and measures for these reasons.It is a long and arduous road to ensure the legitimacy of justice,and we still have a long way to go.The full text of about 3 words,the main content is divided into four chapters.The main contents of each chapter are summarized as follows:Chapter one,the concept of legitimacy of judicial judgment.In this chapter,the author defines the definition of legitimacy of judicial judgment and judicial judgment.The second chapter,the judicial judgment as the judgment standard.This chapter begins from the judicial subject,legal basis,legal logic,the definition of judicial legitimacy of judicial procedures.Followed by other factors that may affect the legitimacy of judicial decisions,such as the impact of network public opinion on judicial decisions,influence the public awareness of judicial judgment,affect the judicial corruption on judicial judgment.The third chapter,Analysis on the main factors influencing the realization of judicial judgment in China.This chapter through some cases and data collected and analyzed,summed up China's judicial judgment in our country now the legitimacy of the situation,the specific performance of judicial decisions,the lack of convincing,judicial decisions is difficult to implement,the lack of judicial judgment of res judicata,judicial decisions,the lack of legal basis and judicial qualification to serve the reason.By summing up the status quo of judicial decision of China's power legitimacy factors is insufficient,the judge system is not perfect,the lack of an independent judiciary,the decision problems of book quality.Aiming at the judgment of quality problems,there is a lack of the facts better describes the identification and analysis,reasoning inadequate and lack of pertinence not enough,on the law applicable to the interpretation of judicial decisions,the lack of rigorous logic reasoning and logic analysis and other aspects.The fourth chapter is to put forward the main measures to ensure the legitimacy of judicial judgment.By improving the credibility of the judiciary,improve the judgment system,improve the quality of the judgment,strengthen the supervision of judicial activities,to ensure a fair justice,to cultivate the legal awareness of citizens and the rule of law.
Keywords/Search Tags:judicial judgment, judicial power, legitimacy, credibility
PDF Full Text Request
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