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The Concept Of "integrity" Is Integrated Into Judicial Research

Posted on:2022-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y J XingFull Text:PDF
GTID:2516306479997659Subject:Legal theory
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As a foreign system,there is a conflict between the law of our country and the local traditional thought of justice.Balancing the conflict between law and morality in judicial activities has always been a touchstone to test judicial wisdom.Trial activities are the most well-known and most contacted judicial activities,and whether the judgment reasoning is sufficient or not often becomes the key factor of whether the parties can feel fairness and justice in the trial activities.The integration of socialist core values(hereinafter referred to as "core values")into the administration of justice provides a new scheme for bridging the gap between law and the public’s view of simple justice and improving judicial reasoning.At the same time,core values have been written into a number of laws and transformed into formal sources of law,and the research on them has both theoretical and practical significance.As one of the most frequently cited contents of core values,"concept of honesty" is a good starting point to study the integration of core values into justice.Through the analysis of the current situation of quoting the "concept of honesty" in the trial practice of our country,we can further refine the problems existing in the integration of core values into the administration of justice,and then put forward countermeasures.In this paper,after studying the 1359 judicial documents in which the concept of honesty is integrated into the judiciary,it is found that there are several ways for the court to invoke the concept of honesty,such as individual citation,compound citation,combined citation and formal legal source invocation.there are some problems,such as confusion and understanding deviation,"escape from general terms",doubt about the neutrality of the trial and so on.In order to solve these problems,we should pay attention to clarify the dimensions of core values,and insist on ensuring that legal norms take precedence over value in the process of citation,stick to the neutral position,and avoid falling into the misunderstanding of consequentialism;we should be good at explaining the role of related core values and legal norms with purpose,integrate formal and informal sources of law with systematic interpretation,and carefully use methods such as expanded interpretation to regulate the invocation of core values.At the same time,we can seek the rhetoric of "quoting the classics" and popular rhetoric to make the court’s citation of core values reflect the due humanistic temperature.Only in this way can we give full play to the positive role of core values in the administration of justice,give full play to their unique advantages,and contribute to the modernization of the national governance system and governance capacity.
Keywords/Search Tags:core values, integrity, the referee reasone
PDF Full Text Request
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