Study Of Judicial Decision Acceptability

We must let the public feel the fairness and justice of the judiciary in every case.Judgment as a final result of trial of a case has attracted the attention of various groups.Thanks to the development of new rhetoric in the field of legal argumentation,the concept of admissibility of judgment can be recognized.Acceptability,as an accepted and non-rejected feature by the audience,is well adapted to the current judicial practice in China.Judgment Acceptability The audience theory holds that the audience of a judgment consists mainly of three parts: the parties,the legal professional community,and the public.When a judgment is only accepted by these three types of audiences,it is considered that the judgment is acceptable.There are many practical meanings to achieve the admissibility of judgments,the most important of which are three aspects: First,the reform of the trial concept,from previous judgmental authoritarianism to present-day demonstration of justification,from the previous monologue-style litigation model to the current enhanced dialogue.Sexuality protects the parties' litigation status and personal dignity.The second is the programming to achieve the admissibility of judgments.On the basis of absorbing Habermas' s theory of ideal speeches,it ensures that the parties can participate in lawsuits in a timely and efficient manner and participate in most of the procedures in the judgment procedure.On the basis of participating in the lawsuit,he can raise his own opinions without regard to his position and can challenge other viewpoints.The principles of these procedures are well-protected for the parties' right to participate in the proceedings and to debate.Later,through the analysis of data,this paper has calculated the trial completion rate,the second trial revise rate,and the rate of retrial retrial after a court investigation of the case quality in recent years.Through reasonable analysis,it is concluded that the admissibility of judgments in China's judicial practice is not strong.The conclusion.The reasons for the weak acceptability of judgments are mainly discussed in two major aspects.The first is the reason for the argumentator,that is,the judge.The study found that the judge's own quality needs to be improved and that the judge's judgment in the process is due to the fact that the number of cases is low and the supervision pressure is low.Being too large makes the judge say that the quality of the judgment is poor.This is the main reason why the judgment is not acceptable.Afterwards,according to the content of admissibility of the judgment,we continue to analyze the problems arising from the implementation of judgment admissibility in our country from three aspects.The first is the selection and interpretation of legal norms.The single method of legal interpretation is mainly responsible for the reason that the selection of legal norms is not acceptable.The method of legal interpretation of formalism can not adapt to the modern environment of the rule of law.The traditional method of legal interpretation seems to be a bit out of place in the increasingly complicated relationship of modern society.In terms of litigation procedures,programming does not constitute a well-accepted version of the truth.In the protection of party litigation rights,there have also been many problems in judicial practice,such as the inability to protect the parties involved in litigation and the right to deprive the parties of debate.In terms of the verdicts,there are cases where there is a long gap between judgments and public opinions.The reason for this is that the reason for this is that the distinction between social strata has led to different perspectives on the thinking of different classes and professionals.The traditional view of the independence of the judiciary also excludes the acceptance of public opinion and considers public opinion to be detrimental to the independence of the judiciary.With the improvement of the degree of rationalization of public opinion,the construction of platforms for rational expression of opinions and legal research will focus more on dialogue and communication.Judgment should take into account the content of public opinion.After analyzing the problem dilemma,four kinds of suggestions are proposed for the judicial practice in our country.First,the proposal for the construction of the judge team.Some ideas for pre-job training for judges were proposed,and they hoped to introduce social forces such as law firms,and cultivate the prospective judges' legal practice ability and professional judgment.Against many people,supervision and other pressures.Exploring the streamlining and diversion system during the filing of the case,based on the court's active choice of power,can reduce the pressure on the judgment.In response to the issue of insufficient acceptability of litigation procedures,the principle of litigation procedures was changed,acceptability was absorbed into the theory,and a version of the acceptability of the truth was pursued instead of pursuing the truth.Finally,in order to achieve acceptable verdicts,actively guiding rational public opinion and constructing a Chinese-style jury can well absorb public opinion and thus achieve acceptability.