Research On The Application Of Standards In Judicial Trials

Standards are technical requirements that need to be unified in the fields of agriculture,industry,service industry,and social undertakings,and are a way to govern society.Since the standardization movement,the standards of various social activities have been unified,and social and economic development has been promoted.People use standards as a means of communication,which greatly saves communication costs and improves communication efficiency.The way the standards intervene in the law is different,which affects the degree of unity between the standards and the purpose of legislation.At the same time,the standardization of the rule of law is an important research topic under the construction of the rule of law in China.The relationship between standards and laws has been concerned by domestic and foreign research institutes.In practice,standards exist in all aspects of social life,which affects the application of laws.Judicial and law enforcement personnel may misuse standards when conducting legal work.Perhaps,the understanding of the relationship between standards and law is not comprehensive enough,so it is very important to study the application of standards in judicial trials.The full text first introduces the problem and the current research status at home and abroad,initially expounds the concept and classification of standards,and then focuses on the relationship between standards and law.Then select cases in judicial trials,analyze the application status of standards in different types of trials,and raise existing problems.Finally,summarize the same application methods of the three major trials,demonstrate the correct legal positioning of the standards,clarify the cognition of the standards,and put forward suggestions on the correct application of the standards by the judiciary,in order to provide a correct way of applying the standards for judicial practice.The full text analyzes 530 cases,studies the role of standards in these cases,and categorizes and explores them by type.The full text discusses several issues: first,how does the standard enter the law and is applied by judicial judgment;second,how does the standard that has not entered the law affect the implementation of the law;third,it discusses the rules for the absorption of the standard by the law,how to ensure that the value target of the legal standard does not deviate from the value target of the law.The core point of the full text is that the standard that enters the law is the legal standard,and the standard that does not enter the law is the subsidiary of the law.Based on this point of view,this paper analyzes the way,scope and tendency of judges to apply standards.Judges do not exclude the application of legal standards in judicial trials,because it can improve the accuracy of judgments,but at the same time,they use standards that have not entered the law as a reference.The degree of such reference is positively related to the frequency of standards used in administrative law enforcement.In general,the role of standards in judicial trials is positive,but there are also cases of misuse.It is necessary to further sort out the types of standards,to improve the legal status of standards suitable for entering the law,and to better serve judicial trials.