The Multiple Faces Of Judgment And Its Writing Requirements

As a final result of judicial proceedings,the judgment is of great significance.However,the current research on judgment is too single,that is,to observe judgment from a single point of view and to propose suggestions on that observation.This thesis argues that the understanding of judgment should not be based on a single perspective,because such observations are likely to be incomplete and isolated.Instead,the judgment should be viewed from multiple perspectives.Considering the typicalness and representativeness of the study,this thesis takes a relatively comprehensive observation of judgment from the perspectives of legislators,the legal users and the third parties(mainly for the public and legal experts).It is from these different perspectives that the judgment presents different faces.And these different perspectives put forward more specific requirements on judgment writing.Based on the above concerns,this thesis is divided into six parts,introduction,conclusion and four chapters as the main body.Specifically,the introduction addresses the issue of why and how to study judgment and carries out a literature review and structural arrangement along the way.The first chapter is a connitive summary of judgment.This thesis elaborates this from two perspectives:the judgment in the text and the judgment in operation.The second chapter is to understand judgment from the perspective of legislators.It focus on the choice and application of law of legislation as well as the continuation and transformation of law of legislation.Based on this,it highlights the requirements of legality for judgment writing.The third chapter is to understand judgment from the perspective of users of law.In this thesis,the judge is selected as a typical user of law.This thesis regards judgment as a result of judges' use of law and as his works,and emphasizes the requirements for reasonableness on judgment writing from the perspective of judges.The fourth chapter is to understand judgment from the perspective of the third parties.This thesis discusses the relationship between the judgment and the public as well as legal experts separately,and highlights the requirements for acceptability of judgment writing.Of course,these writing requirements are just relative.In fact,because of the similarities between them,they should be integrated in a high-quality judgment.The last part is the conclusion.