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On The Construction Of Value Judgment In The Judicial Syllogism

Posted on:2014-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:W J ZhangFull Text:PDF
GTID:2266330428460749Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The practice proves that the judicial syllogism now has become the main way of thinkingof the judge.Aspects of the limits of judicial tyranny and maintenance law stability,thejudicial syllogism plays an irreplaceable role. However,since the20th century judicialsyllogism had been criticized and questioned by the academia,especially with thedevelopment of legal hermeneutics, the nature and cognitive structure of the judicialsyllogism suffered a serious challenge.Value judgment exists in the legislative process and the judicial referee. The legislationof value judgment is the basis and direction, the judicial referee of value judgment is addedand extension. The value of the judicial referee judgment largely contains the valuejudgment of lawmaking and identification with the choice, thus it is objectivity.The processof judicial referee that judicial syllogism construction process, where the referee rules andhe facts of the case construction is inseparable from the value judgment, value judgment inthe judicial syllogism use or construction process play an important role.This paper consists of four parts besides the brief summary:The first chapter, introduction. It shows the origins of writing and writing ideas.The second chapter, the historical circumstances and the localization of judicialsyllogism. Cause analysis of historical situation of the traditional judicial syllogism andfixed nature of the judicial syllogism and cognitive structure, and concludes that: in theprocess of the construction of the judicial syllogism is dependent on the value judgment.The third chapter, value judgment in the judicial syllogism use. This chapter gives adefinition of value judgment to distinguish value for value judgment on the legislation andthe judicial judgment, and focuses on the value judgment in the judicial syllogism throughanalyzing the value judgment and value judgment in the judicial syllogism are introducedin the concrete embodiment.The fourth chapter, a correct value judgment is used in the construction of judicialsyllogism. Using the value judgment needs to follow certain principles or premise, thischapter focuses that the value judgment in the process of building the judicial syllogismshould abide by the principle of its applied correctly, and maximize the effect of the judicialsyllogism.
Keywords/Search Tags:judicial syllogism, cognitive structure, case facts, adjudication rules, valuejudgment
PDF Full Text Request
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