A Study On The Validity Of Judgment

This thesis analyzes and researches the make of paper of judgment through utilizingHabermas’ theory of communication. It not only discuss some requirements about writing thepaper of judgment, but also particularly analyze some factors in the whole judicial processthat affect the effectiveness of written judgment by using theory of communication from theaspects of authenticity, validity and sincerity. Under the standard of authenticity, it analyzesfrom reality of fact finding and expressing, which is a requirement of the process. Amongthese, reality of fact refers to the facts of the case and the consideration of the psychology ofthe audience, reality of expressing should pay attention to the whole process, equality andnormative. Coming to the standard of validity, it analyzes from two aspects: the common viewof guiding validity of judgment and programmed conversation and negotiation, which is arequirement of result. Among these, consensus dominates validity. In order to realize this, ithas to possess containment, epochal character and hierarchy; dialogue and negotiation arerequirements of judicial procedure. Sincerity, which is the demand to attitude, includesdefendant equality in lawsuit and justice feelings of the judge. What’s more, the defendantequality in lawsuit is a basic requirement of judicial fairness. The relationship between thejudge and parties should be trustworthiness and mutual respect. The justice feelings of thejudge can guarantee the equal status of parties’ litigants and the active duty of application ofjudges not only benefit to procedural justice, but also reflect the special justice to the groupwho are in difficulties. Finally, according to previous theoretical analysis, this thesis comes upwith some recommendations which are beneficial to the improvement of effectiveness ofjudgment paper, including intensifying judges’ neutrality idea, emphasizing judgmentjustification, grasping audiences’ psychological anticipation, providing correct and necessaryprocedural guidance for parties, and improving judges’ comprehensive quality. Meanwhile, insystem, these recommendations also contain providing improvement strategy in three aspects,which are judicial environment, parties’ procedure participation and construction of the judgeteam.