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Referee Grounds To Prove The Legitimacy And Legal Reasoning

Posted on:2007-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:M X SuFull Text:PDF
GTID:2206360212458003Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
We have never paid much attention to the proof of judicatory ground,ignoring explaination of judgment in adjudicative document.It is difficult for public to accept the decisions made by judges.At the same time,it does no good to cultivate authority of law.under the circumstance.Therefore reforming the production of adjudicative document has become an important part of judicial reform in china.The reason of ignoring grounds of decision lies in loophole legal system at the refore age.Another vital reason is the lack of tradition of showing cause in trial pratice.We can perfect legistation to solve the problem of legal drawback,but it is not a complete solution because of the relative stability of law itself and the complex of modern life.So legal means of legal reasoning,legal construction,replenishment of gaps in law are needed in judicial practice.It can show the course of judge making a decision entirely to prove judicatory appropriateness by means of these legal methods.In another words,the appropriateness of adjudication derives from that of judicatory ground,and the latter is connected with legal reasoning closely.In this thesis,the author intends to analyze the relationship between legal reasoning and the proof of appropriateness of judicatory ground is about to obtain its appropriateness in terms of legal reasoning,to discuss how to strenthen the persuasive power of adjudicative document.In this way,a judgment is much easier to be accepted and the adjudicative purpose will be realized in the end.The paper is focused on the field of civil and commercial trial.First,the author introduces the present situation production of adjudicative document and the real significance of giving reason complerely.Second,he explains the historical evolution of legal reasoning and expounds the value of legal reasoning in the course of the proof the appropriateness of judicatory ground on the base of the explaination of legal reasoning abroad and the real necessity during the course of realizing legal society.Legal reasoning is an important measure to repress judicial corruption and realize justice.It assures the sanity of adjudicative consequence by means of proving the appropriateness of judicatory ground.At last,the auther analyzes the function state of legal reasoning in the course of the proof of the appopriateness of judicatory ground.He discurses the characteristic of legal reasoning and its proper application.In this thesis the author tries to demonstrate that obtaining the adjudicative appropriateness is subject to constituting and support of several systems,and also subject to cultivation of legal thinking and perception of legal value conduding justice and impartiality.Furthermore,the basic value of judicial judgment is to realize justice of benefit distribution,as to adjudicative form or other substantive characteristic,it can not replace justice itself,just supporting it.
Keywords/Search Tags:judicatory ground, proof of appropriateness, legal reasoning
PDF Full Text Request
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