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On Several Issues Adjudicative Fact

Posted on:2014-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:J Y HuFull Text:PDF
GTID:2266330422952588Subject:Litigation
Abstract/Summary:PDF Full Text Request
Adjudicative fact is the modern judicial system has far-reaching significance,know it is correct or not, the depth extent, affect the process of the judicial system, aswell as the acceptance of the trial. Despite the fact that the referee is determined bythe judge, but the fact is a measure of interest is the interests of the parties resolve thedispute facts, so the fact that the performance of the referee whether justice is largelydependent on the parties. The fact that not only the legal aspects of the refereeproblem, it also manifests itself as a social problem, it is also a kind of socialbarometer. If you want to guide people’s behavior correctly, then the first thing neededis a judge with excellent overall quality, so the fact that before the formation of thereferee has the correct values, only represent this fair. Then, in the hearts of the peoplewill get the correct values such legal recognition. By extension,"Only the correctvalues in order to be recognized by the law" concept will be popular, and then trust inthe law will be greatly enhanced, is conducive to building the rule of law, theformation of a favorable legal environment."Weathervane" is not just for people’sbehavior guidelines, but it also set forth requirements to the judge:"Judge elite." Thisconcept not only refers to the law requires a profound knowledge of the law, but alsoneed the judge has a noble character. How to do "the judge elite," we also needlong-term efforts. Adjudicative fact in the best condition in a strictly legal normsfoundation, the correct values as a guide, so as to promote the rule of law and socialdevelopment more perfect, to create a favorable legal culture.The first part of this article is intended as a general elaborated referee facts,explain what referees facts and the difference with other facts, features. Designed todetermine the range of adjudicative fact, the referee fact is a confirmation of the factsis not a purely objective fact.The second part of this article is how the magistrate’s finding of facts from theemotional to the rational, Next step in what system mode to form the factualdeterminations way of the referee, the referee fact identified ways in the variousmodes, and thismanner of defects.The third part is mainly from the fact that the referee modern paradigm of themodern models and methods to make a finding of fact that the referee introduction, abrief description of the way in the modern mode, how better than with the traditionaladjudicative fact patterns and approaches.In the fourth part is mainly from the fact that the scientific paradigm finds referee,referee facts fully expounded in the modern presence and shortcomings anddeficiencies raised from their own views, so that the referee closer to the objectivetruth of the facts, to uphold the law fairly and improve decision acceptability.
Keywords/Search Tags:Referee facts, System mode, Evidence
PDF Full Text Request
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