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Interests Of The Measure Of Judicial Application Of Research

Posted on:2011-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:H BianFull Text:PDF
GTID:2206330332981320Subject:Law
Abstract/Summary:PDF Full Text Request
If the law applicable in cases involving the facts are clear and the legal sense enough to go, the judge using the direct reason, the legal community to accept the law of the sentence. But difficult cases there are conflicting laws or plural explain the circumstances, the judge cannot be directly applicable to the interpretation of the acceptable legal sentence, judge need to measure for the interests of the consequences of argument or reasoning given sociology "depth". A card. To have this in practice and widespread concern and to argue hotly as a legacy of luzhou can be measured and analysis methods and its interests of the judicial practice of the specific application and the interests of the way to measure will be better to apply to judicial practice in order to solve the problem.This article was divided into four parts.The first part is mainly introduces the legacy of luzhou. Pointed out in the case of argument from two angles philosophy and jurisprudence in the focus was analyzed.The second part of the introduction highlighted the need to measure for the interests of the judiciary and, this is primarily used by the judicial practice of the real needs.The third part of the details about the interests of the methodologies and criteria, which is the priority of article. Described in the article of interest to measure this part of the meaning of the applicable principles of measurement of interest, the latter focuses on the application of methods to measure the interests and the interests of measure used for the foregoing case is analyzed. On the fourth part of the interests of the judiciary good measure of limitations, pointed out in a concrete measure in the interests of the problem, and should be improved.The last part is the conclusion of the thesis. In the text of the review on the basis of criteria that apply to the interests of justice and the importance of the need to be able to bring our judicial practice of thinking.
Keywords/Search Tags:Interests, Interests of balancing, Hard cases, Judicial application
PDF Full Text Request
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