Analysis On The Acceptability Of Judgment

Since the first Five-Year Reform Program of the People's Court(1999-2003)issued by the Supreme People's Court in October 1999,the reform of judgment paper has never stopped in the past 17 years.The reform has gained some achievement,but failed to realize its expectant target.Judgment paper is not that wide accepted among the public.Judgment paper is the final result of trial.The public is not only unsatisfied with the judgment paper,but also with the judgment itself.At present,the phenomenon of petition,appeal and violent resistance against law can be found everywhere,so what is the root cause for the lack of judgment acceptability? What is the definition and orientation of judgment acceptability? What is the audience of judgment? Is it related to the acceptability of judgment? How to realize the acceptability of judgment? This article will study on the above issues.The first part briefly introduces the acceptability of judgment from the perspective of audience theory.This part is the basis of the full text,defining what the acceptability of judgment is and classifying the audience of judgment based on the audience theory.Firstly,it explains the concept of “judgment” and “acceptability”.“Judgment” starting with litigation is a procedural understanding of substantive issues.“Acceptability” contains two meanings: the first is active acceptance,manifested by mental acknowledgment and affirmation in behaviors;the second is passive acceptance,manifested in mental resistance and submission in behaviors.However,“the acceptability of judgment” is defined as active acceptance of the process and result from both the heart and the behavior.Secondly,it discusses about three research stages,which respectively regards the audience as “the magic bullet”,“the center” and “the integration of acceptance and transmission”;and relatively,the audience turns from being passive to being active towards the information.Finally,in accordance with the standard set by “the theory of social differentiation”,this part classifies the audience of judgment paper and defines legal professionals and ordinary people as the object of the study.The second part studies the difference between legal professions' and ordinary audience's acceptability of judgment from the perspective of audience theory.On one hand,legal professionals,as the representative of the elite,considers mainly and even only about the legitimacy and legality;the judgment can usually be accepted by judges owing to their profession.On the other hand,the ordinary audience,as the representative of the public,considers more about whether the judgment is fair and reasonable,where the lack of acceptability may exist and result in the failure of judgment function,the waste of judicial resource,the instability of society,and etc.The third part examines the root cause of the lack of judgment acceptability,which is the limitation of human reason as explained from the perspective of the judges and the public.Firstly,the judges who are influenced by the "official standard" is usually arbitrary,and the audience are usually passive and obedient influence by the idea of "harmony" and some economic factors.Secondly,the dual opposition between the judges and the public results in a weak effect of the public feedback both substantially and procedurally,which makes it difficult for the judges and the public to get a good communication.Finally,the professionalism of the law leads to the uniqueness of the judgment,manifested in the lack of legal accomplishment of the public and the lack of depth,breadth and intensity of the judges' reasoning,which makes the public lose the basis and the premise to participate in judicial activities.The fourth part demonstrates that the judgment should be accepted and explores how to realize the acceptability of judgment.First of all,it should be started with the conception of “justice for the people”.The judges should take the initiative to make a choice.The judge should have a judicial concept open for the public,and make a judgment paper open for the public,so that the public is no longer passive or obedient.Secondly,it should guarantee the public participation and interaction in the procedures.The public could express their legal requirements through auditing in the court session as stipulated by the law,while the judges should adopt more methods like interim judgment and public evaluation of evidence to respond to the public requirements.Finally,it should enhance the basic support for public participation,which includes the legal accomplishment and legal knowledge of the public and the great atmosphere of the rule of law.The most important is to strengthen the reasoning of the judgment paper,specifically through the improvement of judges' ability,the establishment of reasoning mechanism,the enhancement of judgment argumentation,and etc.