On The Application Of Consequence Considerations In Judicial Decision-making

With the development of modern society,difficult cases keep emerging.In the face of new problems in the new situation,rigid formalism reasoning may lead to unreasonable results.Once judicial decision-making goes against the public’s rational and emotional cognition,it is difficult to maintain the authority of justice.The consideration of the social effect is more suitable for the judicial decision-making of new cases,with the proposition of the judicial policy of “ The unification of legal effect and social effect ”,consequence consideration decision-making thinking is gradually reflected in judicial decision-making.The thinking of consequence decision-making has its unique practical value: it can make up the defects of law itself,improve the acceptability of judicial decision-making and the rationality of argumentation.However,the use of consequence considerations has also been questioned.First,forecasts are,after all,projections of the future.They can not be 100 per cent certain of the consequences,so there is uncertainty about the consequences.Second,the essential step in considering the consequences is the measurement of value,which is so subjective that different judges may make different judicial decisions in the face of similar cases,there is therefore a risk of reducing the predictability of the law.Finally,the consequences of the need to consider the consequences of social consequences,which means that there is public opinion to consider the impact of the risk of justice.Based on the theoretical basis of consequence,this paper analyzes the deep-seated reasons,internal logic and feasibility of the application of consequence.In view of the inadequacy of consequence consideration,this paper puts forward some countermeasures for the application of consequence consideration in judicial decisionmaking: restricting the application scope of consequence consideration to difficult cases,formulating the evaluation standard of consequence,to regulate "Consequences" in the consideration of consequences,to deal correctly with the influence of public opinion,and to make it conform to the logical rationality of the Legal formalism.Integrating the consideration of consequences into the judicial decision-making of the Legal formalism,making full use of the advantages of both ways of thinking,and developing the advantages and avoiding the disadvantages,with a view to using the consideration of consequences to solve difficult cases,to achieve the unity of legal effect and social effect.