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Research On Method Of Interests Balancing In Justice

Posted on:2020-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:X X WangFull Text:PDF
GTID:2416330575455894Subject:Legal theory
Abstract/Summary:PDF Full Text Request
For a long time,judges have used deductive reasoning in judging cases in the judicial process.Of course,under the premise that the facts of cases are clear and the legal semantics are clear,deductive reasoning can be used directly.However,with the development of the economy,social relations are becoming more and more complicated.It is not enough to rely solely on deductive reasoning to completely solve various difficult cases in judicial adjudication.In many cases,social disputes cannot be truly resolved.At this time,the measure of interest can be a good one.supplement.In the analysis of this paper,in the judicial trial,the research on the problem of interest measurement method,based on the existing research,in-depth study and analysis of the specific operational methods and the regulation of interest measurement methods.The research content of this paper is divided into five parts.The first part introduces the background,significance and methods of the research,and analyzes the research results of predecessors at home and abroad.The second part discusses the basic concepts of interest measurement and the definition of interest measurement methods in the judicial process.In this section,I give my own insights by summarizing the analysis of the concepts of interest measurement by predecessors.It is concluded that interest measurement is the process of realizing the legalization and impartiality of judgment by judging the interests involved and choosing the applicable law,finally choosing the legitimate interests to be safeguarded and finding the appropriate legal basis.The third part discusses the necessity and application principle of applying the measure of interest in judicial judgment.It is objectively necessary to use the method of interest measurement in the judicial process.At the same time,it is pointed out that the principle of legality,maximization of social interests,legitimate incentives and judicial restraint should also be followed in the application of the method of interest measurement.The fourth part is the focus of the thesis.It mainly discusses the scope of application of the measure of interest and the specific operation methods.There is a process in the concrete operation method from case analysis and interest identification to the construction of legal basis of the case.The fifth part discusses the defects and regulations of the measure of interest.In view of the shortcomings of the interest measurement method itself,this paper puts forward the relevant regulatory methods from the internal and external aspects.This paper uses the methods of academic analysis,literature analysis and case analysis to analyze and apply the application of interest measurement method in judicial application in China,and to improve the application of regulatory procedures in the judicial judgment to promote justice and justice.
Keywords/Search Tags:Interests, Interests of balancing, Judicial application, Regulation
PDF Full Text Request
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