The Regulation And Risk Of Results-oriented Judicial Thought

Results-oriented judicial thought as a new mode of referee thinking,is increasingly appearing in the court's judicial decisions in a "recessive" or "explicit" manner.Results-oriented judgement follows a logical line of thought like this: The judge combines political,economic,moral,ethical and other extra-legal factors,and comprehensively considers and evaluates the possible social consequences of the case adjudication,and then selects or repairs the adjudication basis of the judgment to achieve a reasonable and reasonable resolution of the case.This provides a way for Chinese justice to respond to various new and difficult cases in the context of social transformation,and makes up for the disadvantage of judicial adjudication under a formalist standpoint.However,it is a method of adjudication contrary to the traditional mode of adjudication according to law,and it subverts the traditional logic of drawing case conclusions based on legal rules and case facts.Moreover,it increases many extra-legal factors into judicial considerations,making the judicial process more subjective,which greatly destroys the stability and predictability of the law,and does not meet the requirements of the formal rule of law.Although China has made tremendous progress in the construction of the rule of law,the country's foundation of the rule of law is still weak.Under such circumstances,abiding by the law and maintaining the dignity and authority of the law is still the primary goal pursued by judicial trials.On the one hand,the results-oriented judgement can make up for thedisadvantages of logical rationality under the formalist standpoint.On the other hand,the results-oriented judgement,as a kind of reverse refereeing thinking,is inconsistent with the country's current formal rule of law.Therefore,it is necessary to regulate the results-oriented judgement.Only in this way can we make full use of its strengths,and avoid its weaknesses,and make it better serve for our country's justice.The first part of this article explores the general characteristics of the results-oriented judicial thought.First,the article explores the theoretical basis,logical starting point,and manifestation of the results-oriented judicial thought.Second,through analysis of some typical cases in judicial practice,it is found that results-oriented judicial thought is mainly used in difficult cases such as fuzzy norms,conflicts,and lack of norms.Finally,the authors sorted out the operation steps of the results-oriented judicial thought in judicial practice.The second part discusses the rationality basis of the results-oriented judicial thought.Results-oriented judicial thought incorporates moral and ethical factors into the judicature,which not only can make up for the shortcomings of the law itself,but also caters to the country's judicial policy of pursuing "unification of social and legal effects".At the same time,the results-oriented judicial thought take the social consequences as the starting point,transforming abstract value issues into fact issues,bridging the tension between national laws and facts,eliminating the communication barriers between the judicial profession and the public,and enhancing acceptability of judicial decisions.The third part discusses the risks of the results-oriented judicial thought in judicial practice.Mainly include: reducing the predictability of law,damaging the independence and authority of the judiciary,dissolving the foundation of the rule of law,and so on.The fourth part explores the regulatory approach of the results-oriented judicial thought.First of all,regulate the "consequences" of the results-oriented judgement,the judges are required to pay attention to the communication during the trial,and there is a logical correlation between the expected consequences and the verdict results,and set a set of relatively objective consequence evaluation criteria.Secondly,the judges are required to adhere to the stance of legal doctrine when making use of the results-oriented judgement.The judge should to find the legal basis,and the judgment of the case must conform to the logical rationality of legal doctrine.Finally,establish and improve related supporting mechanisms,such as the consequences prediction and evaluation mechanism,the collegiate bench review system,and the judgment reasoning system,and so on.This article hopes to regulate the results-oriented judicial thought by setting some procedures and standards.