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- Title
社会主义核心价值观融入司法裁判的机制研究.
- Authors
夏纪森; 王梦洁
- Abstract
On the premise of adhering to the basic principle of the supremacy of law, the integration of core values of socialism into judicial adjudication as an extrajudicial factor is of great significance for making up for the shortcomings of traditional legalism and realizing the unity of legal effect, social effect, and political effect. Due to the lack of unified guiding concepts and specific judgment norms, the courts in China are currently faced with the dilemma of simple and mechanical application, large variation in the application of “values”, rule deficiency as well as extrajudicial adjudication in the process of applying core values of socialism. To solve these problems, it is necessary to adhere to the limited application of consequentialist juridical thinking, and accordingly construct specific legal application methods and normative constraints of core values of socialism, including: clarifying the basic connotation of core values of socialism to clarify the value object of adjudicative application; distinguishing its two roles of “reasoning basis” and “adjudicative basis” in different contexts; using a variety of legal methods to strengthen the reasoning argumentation of judgement documents; and giving full play to the guiding role of adjudicative experience of guiding cases and general “similar cases”, etc.
- Subjects
CHINA; RULE of law; PROBLEM solving; LEGAL judgments; SOCIALISM; DILEMMA; JUDICIAL elections; GENEROSITY
- Publication
Journal of Changzhou University (Social Science Edition), 2023, Vol 24, Issue 4, p11
- ISSN
2095-042X
- Publication type
Article
- DOI
10.3969/J.ISSN.2095-042X.2023.04.002