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Value Measurement In Difficult Cases

Posted on:2016-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:J Q WeiFull Text:PDF
GTID:2296330461950539Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In legal trial, after the judges figuring out facts and kinds of cases, firstly they will find out the appropriate legislations to fit different cases. In simple cases, which have clear facts and legal relationships normally, the judge can just rely on simple syllogistic reasoning and then concludes a reasonable result. However, in legal practice, complicated cases occupied most parts in it. This kind of cases may not be difficult in nature; however, because of the contradiction of legal explanation, the difference between “legal” and “reasonable”, the conflict among legislation, no clear rules, how to judge fairly in a case is a huge dispute. Therefore, face to this kind of case, the judge is difficult to rely on normal method. Deeply, to think about the value is the best way to get reasonable, fairly, legal result.Value measurement is an important method for legal professionals, particularly for judges, to solve case troubles. The judge in solving difficult cases follows the specific measure of balance and consideration of the legal value of the interests and aspirations of the conflict in the case, and as a guide to choose the norms applicable to the case, justice and legal justice is a form of legal realization. It can not only make up for the lack of mechanism of legal formalism, but also can meet the needs of the judicial practice especially in the difficult cases. However, to measure the value of discretions of judges is mainly rely on, judges according to their knowledge, experience and make the standard of value, because of judge’s subjectivity, in judicial practice, there is the possibility of the wanton abuse. Hence, to ensure trials’ fairness and justice, value measurement must be restricted, which should comply with corresponding principles and requirements. It is important for the study and practice to concentrate on value measurement, which would be helpful to a better understanding of the method of ontology, the construction of scientific innovation, system, perfect legal system to promote the theory of legal method. It can help the legal profession, especially the judge in accordance with the thinking method of the modern rule of law spirit, to promote the realization of the legal form of harmony and unity of justice and substance justice.
Keywords/Search Tags:difficult cases, value measurement, legal method, formal justice, substantive justice
PDF Full Text Request
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