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On The Value Judgments Of Legal Interpretation

Posted on:2017-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:Q XiaFull Text:PDF
GTID:2296330485963902Subject:Law, legal theory
Abstract/Summary:PDF Full Text Request
China is in the current value of diversity period, value conflicts have occurred, the legal system is still being improved.The law is the ruler of social conflict, is the main basis for the judge referee. Before the judge made a legal basis for the administration of justice, need to correctly determine the meaning of the law, meaning that the law expressly activity that is legal interpretation. The process of legal interpretation is to discover the value behind the law, it can be said value judgments throughout the whole process of legal interpretation, legal interpretation is inseparable from the values of the guide. Therefore, the study of value judgments in the specific operation of legal interpretation has important significance.First, theoretical analysis of the value judgment of legal interpretation were from two aspects of the concept and meaning. On the one hand,clearing specific meaning of the value judgments of legal interpretation, and making a comprehensive understanding from the subject, object, judge rules. On the other hand, clearing the meaning of the value judgment in the legal interpretation, value judgment is not only a manifestation of the wisdom of the judge, is to enhance the outcome of the case more convincing, the referee to determine the case on the basis of an important legal method.Secondly, value judgments in the legal interpretation of specific operations. It is divided into four stages:the first stage is the value discovery phase, on the one hand to find the demand value of litigation parties; on the other hand, to find the value of legal clause needing to interpret. The second stage is the stage of the value of trade-offs, combined with the specific cases discussed in the judge’s interpretation of the legal process of how to resolve the conflict between the value of the law, summed up some feasible principles. The third stage is the value of the evaluation stage, mainly on the evaluation of the value of content, combined with the case, what kind of value analysis of complex interpretation of evaluation criteria were evaluated. The fourth stage is the stage of reasoning, reasoning referee instrument is the main way of social supervision judgment on the grounds of legal interpretation in value judgments must be reflected in the referee instrument to achieve openness, in order to enhance the persuasive decision, the referee realized the public supervision.Again, analysis of legal interpretation value judgment applied reality. Empirical analysis, disclosed in judicial practice, legal interpretations value judgments are facing, mainly discusses three aspects:first, the value judgments of judges susceptible to other factors, these factors have personal values, social values, "peer" value judgments and public opinion; second, diversification of "value", a variety of conflicting legal value; third, the legal interpretation of the standards are not unified value judgment.Finally, the legal interpretation of the value judgments applied in judicial practice make some suggestions. From the interpretation of the law to ensure the objectivity of value judgments, will be turned into the judge’s pre-understanding and the strengthening of guiding cases to promote three aspects, theory and practice, with a view to judicial practice better play value within the general guidelines for value judgments Analyzing the role of legal interpretation.
Keywords/Search Tags:Legal interpretation, value judgments, a plurality of interpretation
PDF Full Text Request
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