Model Of Strategy On Judicial Decision

The ideal legal methodology assumes that judicial activities are “both eyes flow in reality and law” and leads to just and reasonable judgments.The proper course of activities in judicial trials should be “both eyes flow in reality and law”,and make the trial of both legitimacy and rationality with the principle of “on the basis of law and reality”.However,if this concept is brought into reality,researchers will find that the judicial mechanism is often influenced by more factors.Since the “legal system of socialism with Chinese characteristics has been basically established” in 2011,the research on judicial adjudication has become a new focus of research in recent years.At present,most of the domestic research on judicial methodology is attributed to the German-Japanese paradigm,with strong colors of normative analysis and value judgment.A small part of law and economics,law and sociology research attributed to the research paradigms of Britain and the United States,which stays in the stage of introduction and exploration of theory,and lacks further empirical test.In the face of such problems,legal researchers put forward quantitative judiciary research to study judicial decisions under the influence of many factors and achieved good results.Judicial model as an important methodology for quantitative justice research,born in the 1950 s in the United States,has achieved remarkable results so far and has become a mature research method.However,in our country,due to the late start of the research on quantitative justice,the method of exploring the law of judicial decision under the big data through the establishment of judicial model has not been taken seriously in the past empirical research.Therefore,in the research of judicial methodology,the empirical research of hypothesis-model-verification model is almost empty in our country.Based on this situation,this paper will take the demolition case as a template,building a universal and repeatable judicial model as the research focus,and to complete the empirical test of the hypothesis-model-test paradigm to provide demonstration methodology for the current judicial research.In combination with jurisprudence and land science,the researchers selected 2242 demolition verdicts,and through the investigation of judicial decisions in the demolition cases in recent years,excavate and do mechanism research of the rule of judge's decision and the interference factors in the case of demolition conflict in the Yangtze River Delta,and make a logical deduction of the judgment result.Through the system of judicial knowledge,the author makes statistics,screening and integration of the large sampleof judgments in network resources such as Judicial Documents Network and Peking University's Legal Treasury,and uses the judicial model theory to construct the judicial model of influential factors in the judgment of demolition conflict in the Yangtze River Delta.Analyze the decision factors and decision filtering of demolition conflict,and finally come to the judgment logic and the impact of the decision-making mechanism of demolition conflict in the Yangtze River Delta.The analysis results show the following conditions.(1)From the jurisdiction of demolition cases,the judiciary will preferentially adopt a general strategy to conduct a formal examination of the case in the verdict.When there is external pressure or formality failure,the judiciary will adopt a comprehensive examination strategy.(2)From the perspective of the identity and authority of the administrative subject,the hierarchy and administrative position of the defendant have a greater impact on the court's choice of trial strategy.Related departments of higher authority and departments of high-level take the methods of pandering or toughing,making the court's choice of trial strategy in line with the expectations of the administrative organ.(3)Observed from the appeals of the administrative counterparts,the winning rate of some appeals is much higher than the average winning rate.Plaintiffs through continuity litigation,joint litigation,etc.,forcing judges to deviate from the general formal review strategy and conduct a comprehensive review.The analysis of the strategic model shows the following conclusions: jurisdiction,the identity and authority of the administrative organ,the plaintiff's choice of appeal and litigation methods all affect the judge's choice of litigation strategy.The plaintiff and the defendant will use various methods to make the game,making the final strategic choice of the court be in accordance with its own interests and expectations.From the view of theoretical expansion,the expected value of the rules of judgment and logic research based on the collective experience of judges lies in the supplement of the old research path and the excavation of new perspectives.Based on the strategic model theory,this dissertation takes the demolition cases as a sample and conducts an empirical research on the judicial issue of the rules of judgments under the collective experience of judges.In the process set of the research,this paper takes the judicial cases of demolition conflict as a typical case basis,in the basis of the original public database platform to combine the related research data,deeply collects and records the data of demolition conflict and builds the judicial theory model of influencing factors of Judge's decision to study the decision strategy choice of judges in different situations.Therefore,intheory,the paper's path of judicial empirical research is reproducible,verifiable and scientific.The data and conclusions of this paper can not only explain the new research methodologically on the legal issues of the same or similar law to a certain extent,but also respond to the quantification jurisprudence research of other departments law to a certain extent,as well as provide some reference for Judicial departments.