Reviw And Recnstrct Of Situationzl Jujment System In China

Situational Judgment, a special way of judicial judgment in administrational litigation, originated in Japan and further developed in Taiwan. In both places, situational judgment is applied with great caution. In Mainland China, this type of judgment tends to be abused in practice due to imperfect speculation. Therefore, it's necessary to make an in depth study of situational judgment. This thesis begins with an introduction of the concept, origin and development of situational judgment, followed with an analysis of the necessity and theoretical basis of having situational judgment in China. After that, the present problems of this type of judgment are reviewed, and suggestions on how to regulate and reconstruct such system in China are proposed. The thesis consists of four parts. Part One is a general introduction of situational judgment, including its concept, its development and related cases in Japan, Taiwan and Mainland China; Part Two is about the theoretical basis of situational judgment. First I point out the damaging possibility of this very controversial system. However, the situation in China still needs this system. Then I analyze the theoretical basis of this system, pointing out that this system can help protect balance between public welfare and private right. In Part Three, various problems with the system in China in terms of legislation and judicial administration are discussed. Suggestions on how to perfect this system in China are presented in Part Four.