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How The Socialist Core Values Integrating Into Judicial Adjudication

Posted on:2021-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:J X WuFull Text:PDF
GTID:2416330614454211Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The core socialist values embody the common value pursuit of the Chinese people and is an organic whole of values.Judicial adjudication is an important carrier to push the socialist core values to taking root.The existence of socialist core values as substantive reasons and principles affects the judge's determination of case facts,the application of law and the result of judicial judgment,which is of great significance to judicial practice.The concrete practice of the integration of socialist core values into the judicial judgment is mainly reflected in the value evaluation of the legal rules and the behavior of the parties,and the value filling of the general provisions and legal principles.At the same time,through the analysis of the sample of judgment documents,it also shows that in the process of the integration of socialist core values into the judicial judgment,there are widespread problems such as insufficient reasoning by judges,too much emphasis on social effect and influence,and the proliferation of consequentialist judgment.The argumentation and reasoning of judicial judgment should be to clarify the facts,explain the legal principles,explain the common sense,and stress the art and logic.The way of judicial adjudication should be based on the judgment according to law,and only in difficult cases can it be supplemented by consequentialism.
Keywords/Search Tags:Core socialist values, Judicial adjudication, Value judgment, Argument, Consequentialism
PDF Full Text Request
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