Research On The Application Of Core Socialist Values In Judicial Adjudication

The Core Socialist Values is the mainstream ideology in China.In recent years,the country has vigorously promoted the Core Socialist Values in various fields.The judicial organs have begun to invoke and apply the Core Socialist Values in more and more judicial decisions.The academic community pays more attention to discussing the proposition that the core values are integrated into the judiciary from a theoretical level.However,there is a lack of comprehensive and systematic attention to the phenomenon that the courts invoke the application of core values in many specific cases in judicial practice.The Core Socialist Values and the content of judicial pursuit of value are coupled,and the two are logically related.On the one hand,the judicial organs have cited the Core Socialist Values for reasoning in many judicial decisions,and have achieved positive results in solving complex cases and guiding society to goodness.On the other hand,the misuse of Core Socialist Values by the judiciary in individual cases is thought-provoking.Therefore,it is of great theoretical and practical significance to explore the invocation and application of socialist core values.This article conducts a comprehensive empirical analysis of the judgment documents citing the Core Socialist Values by people's courts above the national level.Through data statistics,case comparison,and case analysis,this paper finds several characteristics such as the temporal distribution,spatial distribution,case distribution,and applicable content when the judicial organs invoke Core Socialist Values.Referee ideas.This article also analyzes the improper application of the Core Socialist Values judgment documents,and finds that the judicial organs improperly invoked the core values' unidirectionality,relevance,and illegality.On this basis,this article systematically integrates the existing ruling ideas,summarizes the applicable methods for judicial judges to invoke Core Socialist Values for reasoning,and summarizes the main situations in cases where Core Socialist Values are applied.The purpose of invoking Core Socialist Values should be to exert its functions of leading social trends,resolving social contradictions,filling legal loopholes,and preventing mechanical justice.When quoting Core Socialist Values for judicial adjudication,we should pay attention to handling the relationship between the specific content of Core Socialist Values and the basic principles of various departmental laws.In the specific selection of one or more specific values of core values,value selection and value judgment should be performed to select the value that is most suitable for the facts and legal relationship of the case.When quoting Core Socialist Values for refereeing reasoning,we should pay attention to the legitimacy,relevance,conciseness,and logic of the reasoning to ensure the level and quality of the reasoning.