On The "Result" In Modern Judicial Procedure

The modern judicial procedure should have the tendency of legitimate value,which contains the humanistic feelings and is the ultimate value pursuit of respect for human dignity.According to the operation conditions of various programs,the program operation must meet five basic elements:opposite setting,decision maker,information and evidence,dialogue and result.Through the analysis of its basic structural elements,we can know which value pursuit these elements can meet,and then describe the necessary conditions of due process from the minimum.As far as the element of "result" is concerned,the relationship between the result of modern judicial procedure and judicial procedure is essentially that of "result and process".The process generates the result,and the result should meet the conditions of relying on and respecting the legitimacy of the process.In this regard,it can be said that the legitimation of the "result" as a constituent element of the judicial process is embodied in the dependence and respect of the result on the judicial process.The specific performance is:all the factors in the procedure should be responded to in the result,and all the factors not filtered by the procedure and technology should not be absorbed by the result,However,in practice,there are many cases in which the results deviate from the process of procedure,which are mainly manifested in the lack of specific response of the results to the parties and their basic information,claims and factual evidence,as well as the path influence of public opinion,administrative power,morality and other factors that are not filtered by procedure and technology.It is believed that this problem can be effectively alleviated to a certain extent by means of measures such as synchronous online publicity of relevant litigation documents and judgment documents,specific description of procedural factors in judgment documents,improvement of judges’response ability to procedural factors,strengthening of judges’ Assistant Duties and improvement of procedural relief system to enable judges to devote more time and energy and legal professional spirit into the judgment process.Of course,result dependence and respect for procedural process are due discussions based on the legitimate ideal of procedure.At present,in our country,there are some problems,such as the balance of opposite setting,information symmetry,sufficient dialogue and the neutrality of the decision maker,which seriously restrict the level of reflecting the content of the procedure in the judgment results.Therefore,in order to ensure the dependence and respect of the outcome of the judicial process on the process,we need to reflect on the problems existing in the judicial process itself,which should start from four aspects:shaping the legal professional group,improving the evidence exchange and disclosure system,increasing the rate of witnesses appearing in court to testify,improving the system and the professional ethics of judges to ensure the independence of judges,so as to effectively improve the integrity of the process itself In order to fundamentally consolidate the dependence and respect of procedural results on due process.