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Interest Balancing Of People-oriented

Posted on:2013-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:F MaFull Text:PDF
GTID:2246330374981026Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China Conventional wisdom:"Hee hee, are all benefits to world Rangrang, are all benefits to the" difficult to understand the meaning of this sentence, which means that the people of the world flocked to benefit the interests of went their separate ways. Sensible advice applies not only to the people in the world is common. Interests of measure theory, in a sense, also saying a vivid manifestation of the Law. The current interests of the measure theory in the field of justice has been unprecedented attention, and even an expansion to use. At the same time, the advantage of the "people-oriented thinking is obvious, it is not only respect the right to life and the existence of the right to health, to meet the normal and reasonable demand for the right of the people, uphold the spirit of humanism, to achieve respect for human rights, but also to strengthen the special protection of the interests of vulnerable groups and in a timely manner to reject the unreasonable policies and regulations. The existence of these advantages, its political attaches great importance to people-oriented in the field of justice has become a "high frequency" words, with a strong sense of humanism care to attract the attention of academia and the judiciary.Therefore, both organically combine to form a "people-oriented" interests of the measure mode. In this mode, we should be good to use the interests of measure theory of justice, but also learn to consciously "people-oriented" concept to carry out the trial being. Of course, the coins are positive and negative,""people-oriented" interests of the measure, there are "shortcomings" in the face of these circumstances, they need to make good use of regulations to be "minimally invasive". Only in this way, in order to better pursue justice for the benefit of society, people! Specifically, the article is divided into three parts, as follows:The first chapter of interest to measure the relationship with the people-oriented. The first section of the people-oriented philosophy in the West, the origin and development process, and present to the people-centered concept of the requirements of the rule of law. Section Ⅱ examines the concept of measure of benefits, the course of development, characteristics, and the steps, and so on. These studies can form a thorough understanding of the interests of measure theory. Section Ⅲ explore the interests of the measure and people-oriented of the relationship, people-oriented concept to guide the interests of the measure’s consideration and implement the use of one of the interests of the measure of the theoretical basis, the other hand, implementing the use of the interests of measure can better reflect the concept of people-centered realize where the value of people-oriented.The second chapter analyzes the significance to adhere to the "people-oriented" in the interests of the measure. Previous paper, we use a large number of chapters on the interests of measure theory and people-oriented, we can see from the analysis both in virtually there is a lot of "cooperation" of space. Specifically, the interests of the measure is a generalized interpretation of the law, its use there is greater subjectivity and freedom, but also on the interests of the measure got to quantify and refine this concept to people-centered exactly, so the combination of both "creative" will undoubtedly present the administration of justice in China to bring more development opportunities. The advantages of this model is obvious, it is conducive to the maximum to resolve the conflicts, and resolve disputes; conducive to the realization of the unity of the legal effects and social effects; the enforceability of the judgment, and easily understood by the people.The third chapter is to explore how to use the interests of measuring the achievement of people-oriented, this chapter is divided into three. The first section is a "people-oriented" interests measured by the method, including the upgrading of the image of the court to increase the training of judges, improve public opinion into the judgment of the court system, improve the use of legal argumentation theory, Precedent System and further improve the mediation system in Section Ⅱ is a "people-oriented" the interests of the measure mode the existence of a short board, mainly to the people-oriented "people" what the how to understand, people-oriented and easy to become wanton trial of the tool as well as "people-oriented according to the law of Justice will produce "friction" Therefore, we implemented the interests of a "law of this minimally invasive" measure in the "minimally invasive" mode, we should be good to use the interests of measure theory of justice services, but also learn to consciously will be people-oriented concept and implementing into the trial, and in case of conflict with existing regulations, but also good at "compromise".
Keywords/Search Tags:measure of interests, people-oriented, rule of law, judicial
PDF Full Text Request
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