Revision And Application Of Consequentialist Judgment

In the process of judicial adjudication,when faced with cases with clear facts and clear legal norms,judges in China can directly apply the syllogism model of deductive reasoning,because there is a clear premise and clear facts of the case can be reached by the decision.Such a way of judicial judgment establishes a clear link between the General Rules and the facts of the case through a clear basis of judgment and a formalized reasoning process.However,with the development of society,there will be some difficult cases which can not be solved by deductive reasoning.In these cases,the legal rules may be unclear or there may be no applicable legal rules,when logic fails to provide an answer to a judicial decision,should the judge rule?In this case,the consequentialist approach proposes a new mode of argument,in which the judge determines the applicable legal rules by considering the possible consequences of the decision.The "consequence" considered by the judge is an abstract consequence that has an impact on the society and is based on factors other than social public morality,common sense and public welfare,however,under such circumstances,certain problems will also arise,such as the conflict between justice and public opinion,the unpredictability of consequences,and the impact of consequentialist adjudication on judicial authority,etc.,at this time,we should amend and perfect the way of consequentialist judgment,and we should make sure the premise of applying the way of consequentialist judgment,that is,to limit the scope of the way of consequentialist judgment to the difficult cases,and it is necessary to predict and evaluate the consequences that can be taken into account,so as to make the development of consequentialist adjudication better.But with the development of the Internet and the popularization of refereeing documents,the desire of Chinese citizens to express themselves has gradually increased.The judgment of a case may quickly arouse heated discussion on the Internet,this will lead to the second instance court in the process of deciding the case to consider the public opinion factors,so the public opinion factors in the consequentialist judgment highlighted,but how do we ensure that the judiciary is not carried by the public opinion? In this case,we can take public opinion as a supervisory mechanism to help the administration of Justice,at the same time,strengthen the reasoning process in the judgment documents,so that the judge's thinking of the case more carefully and comprehensively presented in the judgment.From the perspective of China's judicial practice,the legal problems,which are manifested by the interweaving and mutual influence of various contradictions,often contain deeper and more complicated economic and social problems,sometimes it can be difficult to solve effectively,and can even lead to more problems.The law has both clear limits and a great deal of tolerance.Consequentialist adjudication meets the goalof the unification of legal effect and social effect.Contribute to the construction of our country's legal system.