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Research On Judge's Discretion In Civil Justice

Posted on:2019-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z W GuFull Text:PDF
Abstract/Summary:PDF Full Text Request
In both theoretical realm and actual situation realm,the discussion on judge's dscretion has never stopped,and it often revolves around the circumstances and extent of judes' s discretion.However,many discussions are divorced from Chinese judicial practice and the specific operation process of judge's discretion in civil trial.In view of this,the theory of judge's discretion should be based on the Chinese legal system and judicial practice,especially can not be divorced from the Chinese judicial idea of active judicature,and further investigate the value guidance and normative function of active judicature to judge's discretion.The operation process of judge's discretion should also be dynamic and concrete,which runs through all aspects of the civil trial,including the discretion in fact-finding,the discretion in law-applying and the discretion in procedure-processing.The extent and regulation of the judge's discretion are not fixed,it should be determined on the basis of specific operation process to establish the applicable rules and legal regulation measures.Through a comprehensive and systematic discussion of the dynamic operation process and the legal regulation measures of judge's discretion,it can make judge's discretion operate more efficiently and legitimately.
Keywords/Search Tags:active judicature, fact-finding, law-applying, procedure-processing
PDF Full Text Request
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