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Judicial Practice Research On Measuring Methods Of Interest

Posted on:2020-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y S WangFull Text:PDF
GTID:2416330590463451Subject:Law
Abstract/Summary:PDF Full Text Request
The judicial practice of the method of measuring interest is mainly reflected in the judgment of interest in the judgment.The judicial practice research based on the measure of interest is the way to examine the judicial application of the measure of interest,and also to explore the jurisprudence of judgment.And the perspective and method of effectiveness.This paper investigates 85 civil cases,explores the way of thinking of the judges in the judicial practice and the paradigm of reasoning,and based on the existing problems,the prospects and methods of judicial application of the analysis of interest measurement methods and interest measurement perspectives Investigate,in order to make the measure of interest play a greater role in solving problems in judicial practice.This article can be divided into the following four parts:The first part mainly introduces the relevant theoretical background of the measure of interest at the level of referee.Determine the basic connotation of the measure of interest and clarify the relationship and boundary between related concepts,clarify the status of the measure of interest in contemporary judicial activities and the possibility of judicial application,and summarize the basic structure of the measure of interest based on the study of academics,with a view to Effectively grasp the applicable rules of the measure of interest in the context of the new era.The second part,as the key part of the article,focuses on the status quo of the interest measurement method in the civil case,mainly the application performance of the interest measurement in the referee.Through case analysis,the paper summarizes the basic structure of the civil case's interest measurement method in the judgment theory,and points out the current situation and shortcomings of the interest measurement method in the judicial application process.The third part includes the experience and enlightenment of the measurement of the interests of extraterritorial countries and the suggestions for some suggestions for the shortcomings found in the case study.By examining some practices in Japan and Germany,we hope to inspire the improvement of the application of interest measurement in China's judicial adjudication,and put forward some ideas and suggestions on the improvement and improvement of the application of interest measurement in view of the shortcomings of the second part.Finally,the conclusion part of this article.The conclusion part is based on the summary of the full text.By pointing out the importance and imperfection of the application of the interest measurement method in judicial activities,it puts forward some opinions and suggestions,hoping to apply the method of interest measurement in China's judicial practice activities,and provide some thoughts.
Keywords/Search Tags:Interests of balancing, Civil case, Referee Reason explanation
PDF Full Text Request
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