The Conflict Between Judicial Referee And Social Cognition And Its Solution

In China's judicial practice,there is a phenomenon that when a judge makes a judicial decision,there may be a conflict between the public's judicial cognition of the case.The conflict is not only conducive to the implementation of judicial decisions,but also affects the credibility of the judiciary.Solving the conflict between the judicial decision and social cognition helps to promote the progress and development of China's judicial trial,at the same time,speed up the process of China's rule of law.The paper is divided into three chapters,the first chapter focuses on the development and some problems of China's judicial judgment in the present status.because the analysis of judicial adjudication should be based on a clear definition of the concept of justice.However,due to a series of reasons,China's current judicial adjudication has not reached the ideal state,including the applicable of law,the non rational emotion of judges,non independence of the judicial process,non rationality of judicial interpretation and non normative of judicial judgment.These factors make the judicial judgment not reach their original state,at the same time,led to the judicial problems and deviation between the cases and their application of law.As a result,there would be some conflicts between judgments and the social cognition.Besides,it focuses on the judicial cognition of the public.Firstly,the paper introduce the concept of “public,” then it shows objects and the scope of judicialcognition.The object of judicial cognition includes the fact of the case and the applicable law.The claration of the objection of judicial cognition summed up the premise of judicial conflicts and social cognition.Secondly,combined with our judicial practice,this paper discusses the characteristics and standards of the public's judicial cognition,which helps us to have a comprehensive understanding of social cognition,at the same time,it makes some relevant theoretical preparations for the solution of conflicts between social judicial cognition and judicial adjudication.Finally,this chapter also focuses on the factors that influence the public judicial cognition.It analyzes from the perspective of legislation,judicature and the society,and points out the reasons for the conflict between the public and the judicial adjudication.The second chapter is the focus of this article,it analyzes the conflict between judicial adjudication and social cognition.Firstly,it clarifies the form of conflict between judicial adjudication and social cognition.Then analyzes the deep-seated reasons of the conflict between judicial adjudication and social cognition,including the difference mode of thinking between the social subject and judicial subject,the lacking of judicial independence,the non positive interaction between media and justice,the conflict between substantive justice and procedural justice and the lacking of professional competence of the judges.These factors lead the judges to make the decisions which can not be recognized by the public.Finally,the article mentioned the principles to coordinate the judicial adjudication and public's judicial cognition.Such as insisting procedural justice and substantive justice,besides,adopting the dogmatics of law and philosophy of law in the judicial practice.The third chapter is the last chapter of this article,it discusses the way to solve the conflict between justice and social cognition,first of all,the communication mechanism should be established between the public opinion and judicial adjudication.Based on the positive impact and negative impact of the public opinions,we should construct a norm that introduce the public opinions into the judicial practice.Firstly,we should adhere to the combination of judicial professionazation and the system of judicial democratization.Secondly,we should improve the public legal literacy in order to improve the level of social publiccognition.Thirdly,we should reform the existing judicial system,strengthen the judicial openness and judicial independence,improve the mechanism of selection of judges,at the same time,we should standardize the judicial adjudication documents to make sure the judicial justice.Based on the analysis of the conflict between judicial decisions and social cognition,this paper focus on finding out the measures to solve the conflict between the judicial adjudication and social cognition,improve the credibility and achieve the rule of law.