The Legal System From The Perspective Of Judicial Judgment

The legal system is based on a countrys tradition all existing legal norms inaccordance with different legal sector cluster, forming a system of organic connectionof unified whole norm system, or by the power of the enacting body class differentfrom top to bottom to form a variety of power system of the effectiveness of legalnorms. This legal system is consistent with Chinas political development. Nature isthe highest authority of the legislature, and owners in the implementation of laws inspecific cases can appear fuzzy interpretation and ambiguity in interpretation. Thusthe highest organ of State power law vague, ambiguous, legal loopholes in the law byhaving a lot of power, law enforcement and the judiciary to become a mechanicaland mere application of the law. In fact, in applying the law of the judiciary process,from beginning to end there are value judgments, such value judgments formed bysystems thinking.Referee method can be divided into the system of rules and principles from theperspective of system.Rules can be interpreted directly as in referee referee based on the premise. Asa form of authority rules on the grounds of origin, Constitution, laws, administrativeregulations and local statutes, regulations, autonomous regulations and separateregulations. Under the view of referee, at rules, select the applicable rule of law forthe case, through the rule system thinking method to take hold. System thinkingmethod to rules applicable in the law system thinking, rules for conflict resolution inthe law system thinking, System explain the thinking of the rules apply.Principles are rules and habits, the policy behind the essence of abstract justice,equality, fairness, freedom, dignity and interests, the legislative purpose. Refereeprinciple vulnerability refers to the rules applicable, in the view of fuzzy, ambiguoussituations, the principles applicable to plug the loopholes, conceptual clarity, resolveambiguity. Grasp of the principles of the formation of value judgments is the key.Value judgment is a prerequisite for abstract principles into concrete application ofthe rules. Value judgments into value judgments of lawmakers and the judiciary to create a value judgement. Through a variety of principles of system thinking methodformed value judgments. The grasp of abstract principles. Taking this as the basis,selection rules and uncertainty concepts, general principles of law, policy, used as areferee on the premise. Such principles of system thinking approach to the formationof value judgments, to the premise of the case construction, complete grasp of theprinciples.