A Research On The Application Of Consequence-Oriented Judgment

Modern judicial referee concept widely advocated the judge has discretion,consequences of guide way the referee thought according to the logical thinking inertia,Consequence-Oriented Judgment results derived from the anticipation concluded,to draw a lawful and reasonable results by the referee can therefore applicable to the judicial practice.First of all,the Consequence-Oriented Judgment referee way in accordance with the characteristics of the legal system,because of its factor contains specification factors,also includes the judge's personal temperament,social experience,social factors such as politics,economy,culture and so on.Second,the consideration must have a good reason,to become the referee rules selection basis,the judge has discretion,and need to satisfy the consistency argument and debate coordination two limitations,make the referee rules at least conform to the legal value orientation,and has the law as the basis,and these two limitations can prevent discretion for arbitrary justice.Thirdly,the applicable value of the result oriented judgment mode is reflected in its inherent legality,rationality,certainty and acceptability value,which conforms to the value function orientation of modern judicial judges.Its legal value is reflected in the way that the referee can not conflict with the existing laws and regulations,and strictly abide by the legal procedures.The reasonableness value is reflected in the reasoning of the rules of the referee,which should be consistent with the internal self-consistency and external argument,so as to realize the bias of legal justice and case justice.Its deterministic value embodied in the consequences of guide way referee according to conform to the law of quadratic demonstrate reasoning,through the generalized conclusion prove the model to deduce the referee can meet the demand of "with the sentence" connection with justice;Its acceptability is reflected in the concern for the value goal of social stability.Finally,the result oriented the referee way applicable shall also meet the constitutionality principle,principle of justice,and common sense and public welfare principle,consider the consequences of type has the specificity,can apply in the specific rules of difficult circumstances,and the other compelling judicial judgment results.Therefore,the result oriented judgment method can solve the problem of applying the rules in certain situations,but it should avoid the problem and make it play a bigger role.