Research On The Function Of Socialist Core Values In Judicial Judgment And It’s Realization Path

The CPC Central Committee and the State Council have successively proposed to integrate socialist core values into the construction of the rule of law by issuing documents.Speaking concretely,in judicial trials,which is reflected in the affirmation of fact and application of law,carry out relevant value judgments and value analysis,and when making judgment documents,which is used to illustrate and corroborate the results.In practice,the number of judgment documents using socialist core values is increasing.Although some achievements have been made,there are still many problems.This paper taking the function as the research perspective,taking the judicial judgment as the research object,combining the specific provisions of the relevant documents,starting from the nature of the socialist core values as a discourse system,it is clear that the socialist core values have the following three functions in judicial judgments: Firstly,the function of concern for the clients and social values.Secondly,it is to assist in proving the rationality of the judgment result.Thirdly,it is to strengthen the function of persuading the parties and the public.In general,"auxiliary reasoning" is the summarized function in judicial decisions,which can make up for the deficiency of simple legal arguments,and can complement persuasion and strengthen persuasion.In the judgment documents,since people have not yet formed a effective common view on the function of that,there are some deviations and problems in practice that deviate from the functional orientation.Mainly include: Firstly,the lack of the use of the discourse of values.Secondly,after that,the problem of replacing legal analysis with value analysis may cause the public to arbitrarily follow their own morality.Thirdly,it is the lack of effective argumentation.These application deviations and problems not only affect and suppress the realization of the functions of socialist core values,but also affect the quality and authority of judgments and law.For realize the function of socialist core values in judicial judgment,it is necessary to research and explore relevant paths,such as clarifying the scope of use of core values discourse,clarifying the relationship between legal analysis and value analysis,and rationally demonstrating relevant value judgments.These paths can provide judges with certain directions and improve the realization of the functions of socialist core values,play their unique functions to assist reasoning,and provide strong support for judgment documents.