On the Inadequate Compatibility between Audience Expectations and Judicial Judgments and the Countermeasures
The audience theory shows that judicial adjudication is a constrained rational demonstration process,the referee should consider the expectations of the audience and modify his reasoning and argumentation in turn to enhance the acceptability of the judgment.In practice,there is a phenomenon of insufficient alignment between audience expectations and judicial rulings,which not only directly affects the litigant's strategy and the public's judgment on the case,but also affects the judge's assessment,and,also affects the overall evaluation of judicial activities by the public in a rule of law society at a macro level.In the process of completing the judicial trial activities and making the judgment results,the judge should not only think about how to persuade the litigants,but also consider how to make the judgment results understood and accepted by other bystanders as much as possible,and explore forward-looking response mechanisms based on the essential requirements of judicial activities under the established legal system.
new rhetoricjudicial judgmentaudience expectationacceptabilitylegal argumentation
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