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An Empirical Study On The Integration Of Socialist Core Values Into Justice

Posted on:2022-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:X QinFull Text:PDF
GTID:2516306458495894Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The core values of socialism(considering the convenience of discussion and the simplicity of language,hereinafter referred to as the core values of socialism),as a mainstream value,it has the effect of consolidating moral consensus.As a flexible value,it can make up for the lack of judicial rigid rules.How to cultivate and practice core values is an issue that every legal person needs to think about.As the "last line of defense" for social fairness and justice,justice can alleviate the status quo of "legal rigidity" in judicial practice,shorten the distance between the public and justice,effectively build social consensus,and improve the acceptability and trust of justice.The construction of core values is inseparable from the strong guarantee of judicial power.It is necessary to carry out empirical research on the integration of core values into justice and to build a judicial application mechanism of core values.In the new era,the important opportunity for shaping and leading core values is justice.Observing the guidance and shaping of core values by justice through judicial adjudication is an important "shortcut" to carry out empirical research on core values.However,if the core values are used as a whole to conduct empirical research,the number and types of cases involved are numerous,which will bring certain challenges to the depth and breadth of research.Taking the “view of friendship” as an example to carry out empirical research,it can present the actual state of core values in justice in a more intuitive and detailed manner,reflect the commonness of core values in a subtle way,and give some enlightenment to the study of the integration of other core values into justice.First,through the visual analysis of the sample documents,we can discover the relevant laws and characteristics of the time,region,cause of the case,and the subject of the referee.Secondly,it analyzes the types of "friendly view" integrated into justice and summarizes the types of ways that "friendly view" integrates into justice.From the analysis,we can see that judicial practice usually involves partial application,overall application,transformation into formal law source application,and legal norms.Explain that the resources are classified in four ways.Thirdly,it explores the functional types of "friendliness" into the judicial system,and divides them into three types: moral education declaration type,reinforcement justification result type,and direct justification result type.Finally,through the analysis of the visual analysis,application methods,and functional types of the "friendly view",it is found that the integration of the "friendly view" into justice has the instability of invoking,improper application of reasoning,abstract application of reasoning,and preferential application of "friendly view" leading to rules The four major shortcomings of the principle of "escape",and explain the enlightenment of the core values integrated into the justice from the judicial application of the "friendly view",especially emphasize the use of legal methods,clarify the direction of reasoning,pay attention to the order of reasoning,and abandon mechanical justice the importance of the way of thinking.
Keywords/Search Tags:Socialist core values, friendly view, judicial judgment, empirical research, reasoning, legal method
PDF Full Text Request
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