On The Acceptability Of Judicial Decisions

From the perspective of the current situation of judicial practice,since the implementation of judicial reform in China,the way of trial has been gradually optimized,the quality of judges has been improved,and the quality of judicial judgment has made remarkable progress compared with that of 30 years ago.However,the recognition degree of judicial adjudication has not increased synchronously.With the rapid development of network communication,many judicial decisions have come into people's eyes,such as "Peng Yu case","Xu Ting case","She Xiangling case","Yu Huan case" and so on.The purpose of judicial adjudication is to settle disputes and ease damaged social relations.However,in recent years,there have been frequent incidents of violence against judges by people involved in disobedience to the judicial judgment.However,many netizens voiced their support.Judicial adjudication not only failed to solve the dispute,but intensified the greater social contradictions,and increased the public distrust of judicial adjudication,affecting the judicial credibility.The supreme people's court strives to regain the public's trust in judicial adjudication and actively adopts reform measures,among which the focus is to require judges to increase the "admissibility of adjudication" as the goal to be implemented in the judicial process.It is proposed to promote the administration of justice for the people,enhance the openness and fairness of judicial trials,actively guide the news and public opinion,and take the judicial organs' judgment of hot and difficult cases as an "open course on the rule of law" Shared by all the people.In view of this,the author use the method of questionnaire survey,and collects,sorts out and analyzes the national court case data released by the supreme people's court in recent years,so as to pry into the acceptance and recognition of the judges by the judges.This paper analyzes the reasons of the low acceptability of judicial adjudication in our country,and puts forward the corresponding countermeasures,so as to enhance the recognition of judicial adjudication and the trust of judicial adjudication,and improve the judicial credibility.In addition to the introduction andconclusion,this paper is divided into the following four parts:The first part is the introduction of this paper.Introduce the research background of the acceptability of judicial judgment.This part starts from the origin of the problem of the acceptability of judicial judgment,and puts forward the problem of the acceptability of judgment through the reflection of real cases.Combined with the actual situation of judicial practice in China and the concept of rule of law,the necessity of improving the acceptability of judicial judgment is discussed.Finally,it summarizes and analyzes the existing studies of scholars at home and abroad on this issue,and on this basis,it seeks for space to explore the acceptability of judicial judgment,laying a foundation for analyzing and solving this problem.The second part is the basic overview of the acceptability of judicial adjudication.Firstly,the author takes Chen Jinghui,Zhang Jicheng and Jiang Bixin's views on the acceptability of judicial judgment as the research model to analyze the theoretical disputes of domestic scholars on the acceptability of judicial judgment.Secondly,define the basic concept of acceptability of judicial judgment.This paper will make a comparative analysis of the concept similar to judicial judgment,that is,judicial judgment,and show scholars' different understandings of this concept,so as to obtain the author's definition of the concept of acceptability of judicial judgment.Thirdly,the paper discusses the internal relations between the acceptability of judicial judgment,judicial justice and social justice,and points out the legitimacy basis of this theory.Finally,some core characteristics of acceptability are summarized.The third part analyzes the factors influencing the acceptability of the judgment.Based on the core characteristics of acceptability audience standard,the judge audience is classified into three categories: parties,social public and legal professional groups.The psychological factors of the audience are the psychological needs of different audiences for the judgment,the awareness of the case and the psychological expectation.The micro legal method USES the factor namely,the legal argumentation and the legal reasoning,the judgment document reasoning and so on.