判决是如何形成的——乡土社会语境中的法官判决模式研究

本文通过人民法庭对发生在乡土社会中的一起民事相邻权纠纷处理过程的叙述,力图展示承办案件的人民法庭的法官在形成判决意见的过程中考量的各种因素、法官审判案件所追求的目标、以及为达成目标所作的努力。透过对法官判决模式的界定与案件审理过程的分析,我们可以得出基层人民法院法官为谁而作出判决的结论以及支持法官如此判决的决定性力量。

How is a Judgment made? --The Study of the Mode of Judicial Judgment in the Context of Country

This article concerns on the process of resolving a civil dispute about Neighboring rights. It tries to exhibit diverse facts for the judges of the court in charge of the case to consider and balance, the purposes pursued by these judges and the attempts for reach them. It is during the very process of pursuing the legality and rationality of their judgment and mainly in the process of pursuing the latter, Judges formulate a set of habitual doings that can guarantee both of them simultaneously. These habitual doings are what I call the mode of judgment. Defining the mode of judgment and analyzing its process, We can derive from our observation several conclusions including whom the district Court of People make their judgments for and those decisive facts supporting them.