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Research On The Integration Of Socialist Core Values Into Judicial Interpretation And Reasoning

Posted on:2023-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:X L GuoFull Text:PDF
GTID:2556306746479814Subject:Law
Abstract/Summary:PDF Full Text Request
The socialist core values(hereinafter referred to as the core values)are the spiritual support and cultural guarantee for promoting national prosperity,social harmony and stability,and people’s happiness and well-being.Comrade Xi Jinping once emphasized that core values should be applied to all aspects of social life,Since 2012,the core values have gradually started the development process of "concept advocacy-entering laws and regulations-integrating into judicial adjudication".In judicial practice,a large number of judgment documents citing core values and interpreting the law have emerged,showing the positive significance of judicial organs in promoting the mainstream social values to the public,promoting positive energy,and bridging the gap between judicial judgment and the general public’s view of right and wrong.However,how to integrate the highly condensed and abstract core values into the judgment documents with proper legal technology,and realize the dual role of core values interpretation and reasoning are issues that legal practitioners need to think deeply about.Through the statistics of the judgment documents of the people’s courts citing core val ues to interpret the law and reason,summarize the time distribution,geographical distributio n,distribution of causes of action,application methods,and common laws of citation purpo ses.And through the autopsy of sample cases,it reveals some judgment ideas of judges usi ng core values to demonstrate reasoning.After careful research,it is found that judicial jud gments cite core values to interpret and reason,and there are practical problems such as sp arse argumentation,inconsistent application standards,lack of reasoning sequence,and crossdimensional misuse.In view of this,it proposes value balance,legal interpretation,legal me thods to fill legal loopholes and legal rhetoric,and publishes guiding cases,formulates and improves judicial interpretations,and uses judicial big data to optimize the retrieval of simil ar cases.
Keywords/Search Tags:Socialist core values, Explain the law and reason, Legal method
PDF Full Text Request
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