Research On Communication Rationality In Judicial Judgment

When the awareness of regulation remains scare in society,the political correctness becomes the baton of the whole society,and the activism and essentialism of judicial practice are wantonly rampant.We must exalt the banner of judicial restrictionism and formalism.The essence of law lies in the communication and communication rationality.As a procedural paradigm,it not only exists in the field of judicial judgments,but also contains a variety of value orientation.It can enhance the legitimacy of judicial decisions and acceptability,and reflect on the value of personal dignity.However,nowadays in our country,the lack of communication rationality in the judiciary was caused by the absence of technical rationality,the offside of public rationality,and the erosion of political rationality.The erosion of political rationality at this stage is particularly evident.In addition,in the process of judicial adjudication,the rationality of communication is vulgarized.The emphasize on the agreement between different parties;or the instrumentalism abuse for the "consensus",is a direct reflection of this situation.Although the facts about the case are ambiguous,they still place the focus on psychological tactics.The ultimate aim of emphasizing and attaching great importance to the rationality of communication in judicial adjudication,is to reach a basic consensus between the two defendants and the judges,and to achieve the integration of pluralistic values by means of consensus.The premise of communication rationality in judicial decision is presupposed in the formal logic of the rule of law,struggle to maintain,rather than deconstruction.The emphasis on communication rationality is to correct some of the current vulgar tendency,rather than to deny the reasonable system,the norms of justice or the principles of the rule of law.In general,the possible approach to the rationality of communication in the field of judicial decisions,is based on the principle of communication rationality,the construction of specific systems,and the interaction between legal thinking and public thinking,while respect the communication under existing procedures.In this perspective,it is a possible way to enhance the quality ofcommunication of judicial decisions.