Dissertation
Dissertation > Political, legal > Legal > Theory of law (Law)

On the Principle-applied Judgment Practice

Author MaChao
Tutor JiTao
School Zhejiang University
Course Law
Keywords Legal principles Referee basis Procedural Regulation
CLC D90
Type Master's thesis
Year 2011
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The legal principles of abstraction and generality , it embodies the spirit of the law and the pursuit of value . Cases referee for the applicable legal principles in China 's judicial practice mixed reviews . This article select the \the referee and how to regulate the practice of application of the principle of the cases put forward its own solution . The main structure of this paper are as follows : First , the Supreme People's Court Gazette Selected case study of the sub-category , analysis of which areas of our judge applies the principle referee , how to apply the legal principles applicable principles of the consequences of the referee will happen . Mainly in civil and commercial matters within the scope of the legal principles to the referee and mainly applies to the honesty and credibility , fair equivalence principle . Way of application , in addition to the detail of individual cases on the applicable principles of reason argumentation reasoning , the most referees instruments and not conduct a full demonstration reasoning . Secondly , the current applicable legal principles the various cases referee predicament reflection of their own characteristics , and legal principles , traditional sense justice angle to analyze the reasons of principle referee into the predicament . Principle referee may make judges the applicable principles referee cause judgment certainty THE CONTRADICTION even lead occurrence of wanton referee , that will affect the legal certainty . Finally, by studying the problem of the theory and practice of the principle referee insufficient program regulated legal principles applicable restrictions described , such as by raising the level of principle referee court trial , to establish the legal principles applicable to the type of spectrum strengthen the argument shall reasoning and other methods to ensure that the judge prudent referee cases applicable legal principles .

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