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Public Identification of Judicial Decision

Author: YuanJianChuan
Tutor: ChenBoLi
School: Chongqing University
Course: Jurisprudence
Keywords: judicial decision identification Law belief Law occupation-rization
CLC: D926
Type: Master's thesis
Year: 2009
Downloads: 104
Quote: 0
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Abstract

The law can not be isolated from the society.the existence of law is on the basis of the world which human lives, but as a result of the social division of labor and the legal knowledge specialization influence,the jurisdiction itself is becoming elite in the subject and rationalizing in the process, the inside logic of the justice system has been separated from the basic law logic which comes from the human world.the language,the mode of thinking,the reasoning skill,the interpret methods, is all breaking away from the human world.so in the course of juridical practice,the adjudge which is made perfectly follow the legislation is usually lack of mutual understanding to the people in the human world.the author thinks that the inharmonious between public accepts and jurisdiction comes from the legislation itself and the citizens aware of law.one the one hand,.Law transplanting is short of tradition culture basis,it gose against our values,can not be accept by the masses,on the other hand. our citizen is lack of law belief , it also affected decree’s accepts. The rotten of judiciary ,affected by the feudalism law , makes the public suspicious , misunderstands on our laws. The relation between the emotion that decree authority and the public accept happens to have embodied Chinese rule by law in the instantly reforming contradiction. The choosing being occupation-rization and democratization. Occupation-rization and judicial democracy of judiciary is to observe judicial result from different two angles,the procedure justice and the entity justice. Though judge occupation-rization , outstanding person-rization be the main train of thought that our country judge team reforms, But, that our country’s specific national condition have decided such reformation may produce gigantic effect to public law acception.to resolve this problem, need the dialectical make of judiciary to occupation-rization with the relation between judiciary democracy.this article want to start with a case and go though the heritage of law culture,analyze the problem of identification of judicial decision.

Public Identification of Judicial Decision

Abstract

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