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Under The Perspective Of Legal Reasoning To Research The Sequence Of The Infringement Of Personal Debt Payments

Posted on:2016-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:H H HouFull Text:PDF
GTID:2296330461462394Subject:Legal logic
Abstract/Summary:PDF Full Text Request
Based on liu ×× ×× co., LTD. V. traffic responsibility dispute as an example, which leads to the problem the infringement of personal debt in the liquidation sequence.The current general principles of the civil law, the tort liability law, the property law, enterprise bankruptcy law to establish the legal system of personal tort compensation of debt as ordinary debt on finally pay off line. Such regulation is clearly not conducive to realize fairness, effectiveness and rationality of the law. This paper analyzes the deficiency of the form of legal reasoning, clarifies the meaning of substantive legal reasoning and role, and demonstrates the essence of legal reasoning should be attention to in the judicial practice and reasonable application. Through the analysis of this case, reflects the of the negative consequences of lack of substantive legal reasoning in judicial practice, pointed out that the lack of relevant system in China, and puts forward Suggestions on how to improve.This article is divided into four parts:The first part, the case about content is presented clearly, according to the case summary in the disputes of the case, as a case study of the introduction.The second part :presents and analyzes the basic theory. Theoretical analysis is divided into two main parts:Part A on the basic concept of legal reasoning and the analysis of the basic theory. First of all, this part expounds the basic concept and basic characteristics of legal reasoning; The following, the paper discusses the validity of legal reasoning and judgment standard of Effective legal reasoning, do set the stage for this case applicable substantive legal reasoning; Finally, the paper analyzes the respective advantages and disadvantages forms of both of substantive legal reasoning and legal reasoning, emphatically elaborated the role of substantive legal reasoning in judicial practice and the applicable situation and the application of the basis. Part B, about the basic concept and basic theory on compensation for personal injury. First, this part stated the basic legal attribute on compensation for personal injury; Secondly, this paper discusses the personal injury compensation in debt in debt repayment due the sequence.The third part, combined with the second part of the theoretical analysis of the case, I draw the conclusion: this case the outcome did not achieve substantial justice; personal tort should be prior to other creditor’s rights and the liquidation of the debt.The fourth part, combining the above case analysis, I draw the enlightenment. First of all, we should pay attention to the essence of the reasoning in the judicial practice effectiveness. Second, substantive legal reasoning should to pay attention to in the judicial practice. We should achieve the substantive legal reasoning and form an organic unity of legal reasoning, guarantee the verdict lawful and substantial justice. Finally, we should break the unreasonable debt pay off line, to establish and improve the system of priority for China’s national conditions in our country.
Keywords/Search Tags:Legal Reasoning, In the Form of Legal Reasoning, Substantive Legal Reasoning, Debt Repayment Sequence, The Priority System
PDF Full Text Request
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