The Art of Trial Process

Inhaltsverzeichnis

1. Frontmatter

2. Chapter 1. A General View on the Chinese Judges’ Judicial Art

   Kai Yang

   Abstract

   When it comes to art, firstly people would ask what is art? How to define the concept of art? To give a precise definition of art is very difficult, because art is a constantly changing and developing concept, it has a very distinctive character of the time, along with the time development and social progress, the connotation of the concept of art is also expanding. First of all, let’s try to understand and comprehend the concept and the essence of art from a variety of different points of view.

3. Chapter 2. The Theoretical Foundation of the Art of Adjudication

   Kai Yang

   Abstract

   The art of adjudication is to liberate the personality of the judicial officer, so that the judicial officer can show the individual charms of the judgment and value pursuits. The personality of the judge’s trail is not the temperament, character and habits of the individual, but the extension of the character and style of the law based on the theory of jurisprudence. Therefore, the aesthetic beauty of the trial art has the common characteristics of the legal theory, and the vitality of the trial art is its deep legal connotation and spiritual essence. The adjudication art only roots in jurisprudence and related disciplines such as philosophy of law and sociology of law to contend in beauty and fascination.

4. Chapter 3. Quality Constitutions of the Chinese Adjudication Art

   Kai Yang

   Abstract

   The purpose of the realization of the judge’s trial is to carry forward the law spirit, to safeguard social fairness better, justice and order, to seek happiness for the whole society. Its content is “true”, its essence is “goodness”, its ideal is “beauty”, and it is the organic unity of the “truth, goodness and beauty”, the art of adjudication puts forward higher-quality request to the occupation judges, only on the basis of meeting the requirements of these qualities, the judges would be able to gradually sublimate their professional techniques and skills to the realm of art.

5. Chapter 4. The Evaluation Standard of the Art of Adjudication

   Kai Yang

   Abstract

   Any professional skills will have different levels, and there are evaluation and measurement standards, the art of adjudication is even so as a superb judicial professional skill. I think that the following aspects should be taken into consideration in the evaluation standard of judge’s judicial art.

6. Chapter 5. Principles of the Art of Adjudication

   Kai Yang

   Abstract

   We say that the art of adjudication has the composition of emotional thinking, it doesn’t mean that judges can do whatever they want based on feelings and intuitions. On the contrary, the art of adjudication must follow certain principles and norms.

7. Chapter 6. Nourishment of the Art of Adjudication

   Kai Yang

   Abstract

   The art of adjudication is difficult to find in the books, often gives people a feeling of mystery, so people will be regarded as the technique of “being perceived rather than expressed”. Newly appointed judges would often feel it unattainable at first. In fact, where is a certain degree of difficulty and conditional restriction in grasping the art of adjudication, it is not something that is unpredictable and is not a book without words, but a professional technique and skill that can be perceived and expressed, which is a professional skill that can be trained and cultivated.

8. Backmatter