On The Generation Of Judges Based On

All those who concerns about judicial operation systems have thereasons to requre convinced and persuasive judgements that embodiesjustice. law interpretations were made widely divided, which leads tovarious judicial outcomes. and thus the stability of laws and predictionsof judicial results also are seriously influenced, the functions ofdirecting of laws are also influenced, therefore, people's faith forlaws are decreased, this kind of complexion must be fixed and regulated.Traditional judicial conclusions lead to simple immediate inferenceof syllogism that has the advantages which illuminnate the process ofjudicial inference made through logical derivation rather than thejudgers' different lines of thoughts. The thesis, according to thenecessary thinking the judge should have, expounds the creation ofjudicial basis in order to regulate itself and to improve thepredictions of judicial conclusions.The thesis makes some tentative studies about the concept andcreation methods of judicial basis based on relevant sutdies overseasand abroad in order to search for a method that can overcome the defectsof syllogism and that can preserve its advantages, so the method can makejudicial basis created reasonablly to improve the jusitice of a judicialconclusions.no matter what kindsof theorical studies are made, we all needs propermeans that are indispensable. The thesis, according to the necessarythinking the judge should have, expounds the creation of judicial basisin order to regulate itself and to improve the predictions of judicialconclusions.The frame and the main viewpoints. The thesis includes five parts.The first part of the thesis discusses the concept of judicial basis and its relevant categories, pointing out the definition of judicial basis.Its main contents are laws, creation of judicial basis is an activitythat the judges look for preconditions suitable for the current case,and is also a dynamic innovative activity.The second part of the thesis illuminates the creation modes andproceedings of judicial basis. First of all the author analyzes theadvantages and defects of syllogism. The thesis also expounds how judgesexpress their loyalties to laws or rule of law, pointing out that thejudges' loyalty to law is a fundamental guarantee for the correctcreation of judicial basis.The third parts of the thesis expounds the creation of factual basis.When a definite single norm is corresponding to a case, the norm isdirectly defined as a judicial basis; when several judicial basis arecorresponding to a case, the author explores the conflicts and itsassimilation of various legal sources during selecting judicial basis;The author also illuminates how to interpret laws and tagmeme of lawinterpretation methods.The fourth part of the thesis discusses the creation of legal basis.In this part, the author briefly illuminates the meanings of judicialbasis, making it clear the emphases of verification and discussing themethods of verification.The fifth part of the thesis is the conclusion. The creation ofjudicial basis is a complicated process, under which the judges shouldbe loyal to laws. correctly analyze the truth of a case, grasp the applyingrules of legal sources, obey the paths for creation of judicial basis.and show his/her loyalty to rule of law,attitudes to all parties andresponsibilities for public order.