The Study Of Measurement Of Value In The Judicial Process

This paper is on the study of measurement of value in the judicial process. One issue of this paper is to illustrate the existence of measurement of value in the judicial process.Another issue of this paper is to solve the problem of objectivity of measurement of value.The first three chapters of this dissertation is mainly focus on discussing the first problem.After analyzing to the specific performance of measurement of value in the judicial process, the author puts forward the second problem, and solves this problem by discussing in the second three chapters. There will be a summary and a generalization on the problem consciousness and the central issue of the paper in the parts of introduction and conclusion.Introduction part of this paper will focus on the problem consciousness, the theoretical origin and researching status at home and abroad, scope and thinking of study. The Problem consciousness of the Paper is that how it is in the judicial process and how to ensure its objectivity when the method of measurement of value is a new one beyond the application of classical legal methods.With respect to the theoretical origin and researching status at home and abroad, the author mainly presents knowledge and materials related to measurement of value. Referring to the scope and thinking of study, the author will focus on clarification of two issues that are definition of research scope, general content and connections of every chapter.Chapter one, the definition of measurement of value in the judicial process. First, the author will clarify what is value and measurement of value, then point out that there are two kinds of measurement of value in jurisprudence. One is measurement of value in the legislative process, the other is measurement of value in the judicial process. Based on these, the author discusses various forms of measurement of value in the judicial process.Chapter two, the field of measurement of value in the judicial process. In order to illustrate the existence of measurement of value in the judicial process, the author will focus on discussing three problems of which are the solving to hard cases by measuring value, the relationship between application of legal principles as well as application of classical legal methods and measurement of value.Chapter three, the embodying of measurement of value in the judicial process.On the basis of three types of substantive law in the legal system, the author analyzes measurement of value in the legal application to civil law and criminal law as well as in administrative trial,and explains them with specific cases.The author proposes the dilemma of measurement of value in the judicial process based on the discussion above, which is objectivity of measurement of value.Chapter four, the first objective path of measurement of value-to measure value by following the order of value. In this chapter, the author first acknowledges that there is a system of legal values, and value is hierarchical in this value system, namely the order of value. And to measure value by following the order of value is mainly a discovery process about the order of value in fact.Chapter five, the second objective path of measurement of value-to measure value proportionally. Through the analysis about the meaning of the principle of proportionality in this chapter, the author points out that there is a dual relationship between the principle of proportionality and measurement of value, especially the principle of proportionality can be a way of regulation for measurement of value so as to ensure its objectivity. Based on the discussion above, we can introduce the principle of proportionality into the process of measurement of value.Chapter six, procedural safeguards for objectivity of measurement of value.The author first discusses the obverse effect of due process of law for ensuring objectivity of measurement of value, which is mainly achieved by the principle of structure and operation principle of trial procedure. Secondly, the author discusses the effect of legal argumentation for ensuring objectivity of measurement of value in reverse. Among those legal argumentation methods, the procedural legal argumentation is the most effective method for ensuring objectivity of measurement of value.