Study On The Balance Mechanism Of Judicial Effect

The key to building a socialist country under the rule of law in China is to give full play to the fundamental and final role of law in regulating social life,and the key to realizing the role of law is the application of law,especially the application of law in the court system and the process of making judicial decisions.The degree of the realization of legal function,namely the judicial effect,is an important index for the realization of the rule of law in a country.At present,courts at all levels in our country often make some judgments that are in conflict with people's basic legal feelings and ethics,which have a great impact on the basic values of the whole society and even lead to the collapse of social morality.The direct reason for the poor judicial effect is that the judge fails to fully consider the possible legal effect and social effect caused by the judgment when hearing the case.Once the judgment is excessively biased to one side,it will inevitably lead to the imbalance of judicial effect and the poor operation of law.China has a long history of research on the judicial effect,but there are still differences on the specific content of the judicial effect.But generally speaking,at present,China's practical and academic circles have a unified view that the main contents of judicial effect include legal effect and social effect.In the sense of consensus,the legal effect requires the judge to strictly apply the law in judicial decisions,pursue procedural justice and guarantee legal certainty,so as to achieve its expected role.The social effect means that the judicial judgment must pay attention to the social influence after it takes effect,pursue the substantive justice,and require the judicial judgment to maintain the social order and promote the development of the society.At present our country judicial effect imbalance mainly embodied in the disorder of the rule of law and the social public opinion,professional reason and rational thinking block,strict rules,the public and discretion relaxation etiology,eternal form justice and substance justice conflict,local rules and national formal source of law system,the dynamic mechanical judicial justice and the concept of six characterization.The hidden reasons behind these six representations are the inconsistencies within the law,the polysemy of the language,the low quality of the judges and the insufficient support of the social system.To avoid the imbalance of judicial effect,we must stick to the core of legal effect and achieve the win-win situation of legal effect and social effect within the legal effect except in some special cases.The key to balance the judicial effect is that the judge should strictly apply the law according to the judicial syllogism.In the process of applying the syllogism,it is necessary to positively respond to the public opinion and establish the communication and response mechanism of public opinion from the direction of people's juror system and case guidance system.The judge must correctly apply the discretion,properly use the method of interest measure in the process of legal reasoning,and expand the main premise of legal reasoning timely.Finally,to achieve the balance of judicial effect,judges must comprehensively grasp and apply a variety of legal interpretation methods,including purpose interpretation and sociological interpretation.When making judicial decisions,a judge should not give extreme preference to one effect and completely ignore the other.