Judicial application and institutional guarantee for the core values ​​of socialism
December 02, 2020 09:15 Source: "China Social Sciences" December 220, 2060 Issue 2060 Author: Chen Linlin

How to face ethics or value beliefs,It is a difficult point and focus problem in the process of the construction of the rule of law in China。Chinese judicial reform measures since the end of the 20th century have enhanced the ability of judicial system to respond to social transformation.,It also re -positioned the role of the Chinese court,But more and more "sensational" cases and problems exposed by this,It also has a certain negative impact on the credibility of justice。One of its symptoms,It is the expectation of the public role of the public to handle the moral discourse,The huge gap between the judicial system that uses legal discourse in its own role -playing。Facing this gap,Scholars advocate the value judgment of integrating moral discourse into justice,Cracks that make up for the certainty of the law with moral demonstration,and implement the judgment system rational system increases the acceptability of judicial judgment。In fact,A core topic of the judicial process,is the "duality" of value judgment and logical inference。In order to get out of the various departures or conflicts between "norms and facts",Professional to maintain judicial activities at the same time,The theoretical world from "Practice Legal Concept"、Legal methods and other perspectives further enrich the referee theory of dealing with value problems: value judgment or moral requirements in legal rules in the rules (the theory of judicial reasoning in the form in the form),Value instructions or moral connotation in the legal system in the principle of referees (theory of judicial application of legal principles),Objective Bet365 app download and balanced judicial methods follow the mainstream moral concept of social (theory of social sciences),Confirmation and regulation of conscience judicial reflection of the moral guidelines of judges (virtue referee theory)。These views use modern theory and combine Chinese problems,The question of how the judiciary practiced social ethics or ethical values ​​is useful for exploration and promotion。

The judicial policy of "unified legal effect and social effects" released by the Supreme People's Court,It also provides an institutional channel for the participation of moral norms and physical values ​​to participate in the judicial referee。In the Mandarin Context of the rule of law,"Legal Effect" is the most important guarantee for the legitimacy of the referee,Regular referee pursuing "legal effects",It is also the biggest "shelter" of the judges。Value judgment and consequences that deviate from the legal system are easy to trigger "risk referee",The upcoming power、The judicial system with limited capacity and resources pushes to the cusp of social conflicts,Many contradictions caused by the unbalanced interests during the legislative process are cited to the court,and cause the referee's legitimacy and the destruction of neutral image of the judiciary。According to the view,In today's Chinese judicial context,Social effects should always only play auxiliary role in picking up and replenishment,It should only be in special types of cases、Playing a role within the framework of the legal system。but but,The socialist system with Chinese characteristics requires that we must cross the binary thinking of the dual opposite thinking of Western law.,Communicate the logical narrative of legal and morality in the thinking context of "Hehe" in China,Completion of legal and moral discourse bet365 live casino games integration,Constructing a kind of public life unique to Chinese people。From the other: on the one hand,Judicial must judge according to law、​​Persist in the rule of law; on the other hand,Judicial must also promote various values,Through the trial activities of the case,Introduction of basic moral concepts into judicial activities,The moral foundation of building a society,Improve the moral cultivation of the public。

The proposal of the socialist core values ​​system,It provides a new obedience for exploring the moral judgment and value of the judicial field。Core values ​​provide the main line and ideological leadership for the construction of the rule of law from two aspects: concept and system.,But during the legal operation of the core values ​​of socialism,Be wary of "legal universal",Avoid all the content of the core values ​​legalization,Because this may violate the requirements of the core values ​​or the original intention。Justice is recognized as an important guarantee for the core values.,But human love case、Case of Relations、Money cases and the unsatisfactory judicialness、Irregular、Not uniform phenomenon,Explain the problem of systems and mechanisms that affect judicial injustice first,is an important premise of the core values ​​to implement the judicial process。Given that "the rule of law" has become the core values ​​of socialism,This can be regarded as a great improvement in the status of the rule of law in the socialist theoretical system and practice system,It means legal operation and judicial activities on power words、Entry of moral discourse,and legal discourse、Promotion of Rights words。

Core values ​​have a realistic guiding role for judicial trials,But overall,This guidance is first macro、indirect。The role of socialist core values ​​on judicial bet365 live casino games activities,Generally by awakening the value consciousness of the judiciary、Personality shaping it,It affects judicial behavior and referee results。Therefore,The cultivation and practice of the core values ​​of socialism,It also involves the professional ethics of judges and court culture。The theoretical world is impartial for justice、Law and Ethics、Forms of justice and substantial justice、Existing research of legal effects and social effects,3276_3301。Socialist core values ​​are a three -level system,It has not yet fully entered the law,Therefore, it is not the same as the uncertain legal concept or principle of legal system in the legal system,It is also different from traditional law theory、Legal value judgment in the referee theory。

As far as the major theme of how judicial implementation of the core values ​​of socialism,There are still many important issues that need to be expanded。A key front topic is: how to guide the core values ​​of socialism,Explore a layered "judicial value science" discipline? Strictly judge in the regular case,is the basic function of justice; in difficult or controversial cases,From the legal provision、Legal System、In the legal practice, I refine the legal spirit and legal value judgment that conforms to social development trends and mainstream moral concepts,It reflects the core ability of justice。But the value contained in the legal system is diversified,For example, dignity、Freedom、Order、Equality、Efficiency、Security, etc.,They are the basic legal value of the legal system of various countries,But there are often conflicts。The situation of diversified value and conflict of value is reflected in the various legal and judicial theories of competing with each other,It also appeared in the judicial reasoning and judgment of judicial judicial judges in different countries,bet365 Play online games The judgment objection system of the German Constitutional Court and the US court is typical。

Although the problem is very complicated、Toss,But the establishment of the core values ​​of socialism and its content,After all, be able to guide、Help the judiciary is more secure in the scene of diversified value and value conflict、Evaluate the situation more effectively、Make a choice or decision。such as,"rule of law" as a socialist core values,Able to further enhance the judicial discipline of strictly handling cases in accordance with the law; refer to the core values ​​of "rule of law",Another core values ​​"Justice" should first be understood as a "form justice" in many scenarios,instead of the "substantial justice" of the matter for things。According to this method,It is possible to surpass the disorderly state brought by diversified value,Direction、Research a judicial value sequence with a relative order,Then a "judicial value science" with an internal hierarchical structure is formed。As a value theory about judicial,Judicial Value Studies Standing on the Judician's position for review、Analysis of various values ​​or values ​​related to judicial activities,This so -called "internal perspective",It can view law and morality、Forms of the applicable or correctness of different theoretical viewpoints in the field of justice and substantial justice。This perspective must be different from the public's position,Different from ethics、Analysis of external disciplines such as sociology and economics。The distinction between this "internal perspective" and "external perspective",Although it may not be able to eliminate the law (discourse) and morality (discourse)、Conflict of form justice and substantial justice,But helps to analyze the cause and key of some controversy,so as to clarify Bet365 lotto review some unnecessary quarrels,Study on deepening related issues。

Judges refer to mainstream morals、Core values ​​to explain、Select or apply the law,Actually it is also an operational form of judicial tailoring。A carrier of as a core values,Judicial tailoring exists in the technical side,There is also a subjective side。From the perspective of experience,Tailor behavior exists in all difficult cases,and can be distinguished as a "strong tailor -weak amount" mode。but,Types of the use of tailoring、Place、Object,Especially the relationship between judicial tailoring and the rule of law,Lack of systematic theoretical research,This will obviously affect the predictability and objectivity of the active behavior。Study the above problems with the function of core values ​​in the process of tailoring,It also helps to build a new theory of judicial tailoring。Judicial tailoring activity based on value judgment,can be typed into analogy inference、Principles Judgment、Basement of interest and other legal methods or referee technology,It is necessary to clarify that the judiciary uses the above referee method,Conditions quoted core values、Guidelines and Judgment Obligations,and configure the corresponding multiple system guarantee,Including pre -trial risk assessment system for controversial cases,Reasonable value judgment、Regardless、An open referee the reasoning system,Selection and release system of typical referee documents,and the professional training of judges with the core values ​​of socialism and the cultural construction system of courts, etc.。Because in a formal perspective,The core values ​​are entering the judicial process through the "open structure" of the law,But actually through the value judgment of the judiciary、Tailoring banks bet365 best casino games make the judicial role,Therefore, the values ​​of the judicial subject play a key bridge function。In fact,The values ​​of the judiciary play a "two -way coordination effect" for judicial justice: positive coordination effect and negative coordination effect。From this,Judicial tailoring or unity of case judgment、Justice,Actual depend of the fairness and unity of the values ​​held by the judicial professional group。Therefore,It is necessary to focus on the legal vocational training and the cultural construction mechanism of the court in combination with the education of socialist core values。

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