The Rationality Of Adjudication And Its Realization

Starting from the rationality of the current judicial adjudication,this study focuses on the comparison of Chinese and Western legal cultures,which aims to explore the general experience and wisdom of Chinese and Western legal cultures on adjudication issues.First of all,from the perspective of the role confrontation between “Xun-Li” and “Song-Shi”,and through the study of judgments and secret books,this paper interprets the legal consciousness,legal mentality and legal demands of the traditional Chinese folk and grass-roots judicial elites,analyzes the meaning of " rationality " in a specific cultural context,and preliminarily determines that the traditional society follows the “Cha-Xu” rationality view of the integration of reason and law.Secondly,it introduces the concept of “Heng-Ping” adjudication which is effective in traditional judicial practice,analyzing its position and function in communicating law and reason.Thirdly,choose the jury and case law system in Anglo-American law,respectively explain the purport of jury trial(such as sharing the responsibility of judges,correcting the quality of citizens,bridging the disconnection between law and reality)and the functions of case law system(such as finding more appropriate rules for individual cases and maintaining the balance between clarity and correctness),for observing the way of dealing with the problem of reasonable judgment in Anglo-American legal culture.Finally,it compares the similarities and differences between Chinese and Western legal cultures in dealing with rationality adjudication,explains the values,system design and judicial application technology of different legal cultures,and reveals the rationality of judicial adjudication and the general law of its realization.