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On Legal Evaluation

Author: LiuPeiWei
Tutor: HuangZhuSheng
School: Guangxi Normal University
Course: Jurisprudence
Keywords: Legal Evaluate Legal evaluation
CLC: D90
Type: Master's thesis
Year: 2003
Downloads: 323
Quote: 4
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Abstract

Legal evaluation in some of our jurisprudence textbooks is usually understood as the law on people's behavior is lawful judge, and is seen as a legal effect. Although some scholars recognize that in this sense is not a legal interpretation of the intention of evaluation, but they are evaluated in addressing legal issues, often confined to the law of value evaluation. Therefore, the presence of these two views are biased and inadequate. This should be a legal evaluation connotation abundant jurisprudence issues. Legal evaluation both on the law and the law itself and its legal phenomenon closely related to the assessment, but also the value of the law, aesthetic, rationality, legality depth evaluation. Legal evaluation include the following aspects: France in the form of evaluation, the fact that evaluation method, the value of law reviews, law aesthetic evaluation and the legitimacy of law, a reasonable evaluation and so on. In a nutshell, the main legal evaluation is the social phenomenon of the law and their legal awareness activities in the form of social body of law based on their own needs and legal phenomenon in the form of facts, values, aesthetic and legality, rationality and so on judgment, review and assessment activities. This thesis is about 60,000 words, are discussed from four parts to the legal evaluation. General concepts in law, the author from the evaluation of the start, revealing the essence of legal evaluation, forms, methods and meaning, and on this basis, the definition of the legal assessment made themselves defined. Legal evaluation is the essence of the subject of legal and social awareness activities in the form of legal phenomena. Evaluate the performance of legal forms: legal arguments, legal opinions, theories of legal thought, legal evaluation. Legal evaluation of the features are: legal, subjectivity, breadth, complexity, subjectivity. Legal evaluation methods are: comparative approach, the historical method, value judgments methods and logical approach. The significance of the legal evaluation: First, is the legal theory development needs; Second, is the willingness of people to express their legal needs. Third, the law is a reflection of human needs; Fourth, the need for international exchanges; Fifth, is the detection of the need for legal effect. Evaluation dimensions including legal forms, facts, values ??and aesthetics, which are mapped to France in the form of evaluation, the fact that evaluation, value assessment and aesthetic evaluation. France in the form of an external evaluation of the legal form of expression and the evaluation of the internal structure, namely the concept of law, legal logic, legal principles and rules of expression vectors and their legal evaluation. Law refers to the fact that evaluation of specific legal evaluation of the facts, that the operation of a particular legal system, the various components of the observed and evaluated. Evaluation of the value of law is the body of law that society has a specific value characteristics of the object are estimated to meet their needs, measurement and evaluation. Aesthetic evaluation of law from an aesthetic point of view is made to examine the law, understanding and evaluation. Laws of the United States are: formal beauty, inner beauty and the beauty of legal thought America. France rationality itself has a variety of meanings. This paper argues that the reasonableness of law is the concept of rational people with lofty starting on legal phenomena exist in reality and a hope for a lt; WP = 4 gt; to evaluate a scale. It is for all of the legal phenomenon. Both as a normative or institutional law, including law making and implementation process. Evaluate the legitimacy of law and rational evaluation division currently has a variety of ways, this article will be divided into both the form and substance of the two evaluation. Legal evaluation of the legal evaluation dimension is one of the important issues, the legal evaluation criteria is the law of another important evaluation issue, but also a very complex problem. Legal evaluation criteria are social subjects evaluation activities for legal basis used when the ruler. Legal evaluation standards are not single, but a complex system. It basically can be divided into: general standards and specific standards, internal standards and external standards, standards of practice and philosophy of standards, rational and irrational standard criteria, the subject and object of standard criteria, personal and social standards, and so on. To compare objective and scientific evaluation of the law, it must be combined with a variety of standard organic and integrated use. Only from the human point of view, give full consideration and respect for nature and characteristics of human nature, and to fully understand and grasp the laws of production, development, essential law and mission, to determine the correct legal comparative evaluation criteria. Compliance with and respect for humanity is to measure and evaluate the fundamental legal standards. Evaluate the legitimacy of law and legal evaluation of the reasonableness of a more profound understanding of evaluation of legal perspective, it is from the social and political morality, public ideal level to judge the legitimacy of law, authority, may faith, effectiveness and scientific sex. The legitimacy of the law \political and social ideals. France is fingering the moral legitimacy of the authority of the moral authority of the law contain political, rationality, dignity and effectiveness. Evaluate the legitimacy of law which is based on this level of evaluation activities. Evaluate the legitimacy of law and a reasonable assessment can be divided into two evaluation form and substance. From the legal point of view and rationality evaluation, regardless of the form and substance of our laws are shortcomings and defects. In this thesis, the Marxist theory of knowledge as a guide, the integrated use of comparison, induction, systems theory and other methods, the results of previous studies, based on the evaluation of the law has been re-defined, the legal evaluation from the past extended to form a single dimension, the fact , value and aesthetic understanding of one of four dimensions, and to recent jurisprudence legal evaluation of research results (such as the evaluation questions the legitimacy of law, legal issues, etc. Rational Evaluation) into the legal evaluation of the total system. Evaluation of the content of the law is more abundant. Meanwhile, the total evaluation criteria in the law, put forward independent views of human nature; and noted that legal evaluation both in theory and in practice there are a significant problem, which is closely related with China's socialist legal system; legal evaluation The dimensions of the form, facts, value and aesthetic; humanity is measured and the fundamental criterion for judging the law and the total standard, which is the conclusion of this thesis.

On Legal Evaluation

Abstract

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