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The Judicial Application of Uncertain Legal Concept

Author: LiXiaoZuo
Tutor: ZhouYongKun
School: Suzhou University
Course: Legal Theory
Keywords: uncertain legal concept fuzziness materialize value added
CLC: D90
Type: Master's thesis
Year: 2011
Downloads: 70
Quote: 1
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Abstract


Legal concept has the feature of uncertainty, and the uncertainty is inevitable. In judicial practice, uncertain legal concept only through be materialized can apply to a specific cases. Materialize which without being control is easy to cause judicial arbitrary, and infringe upon the rights of the citizens, and cause actually no justice. Controlling materialize of uncertain legal concept and making it can be controlled will be the inevitable choice of justice and inevitable requirement of realizing legal ideal. Legal concept has value bearing sex, and value added of uncertain legal concept is the core problem of uncertain concretized legal concept. But subjectivity of value judgment increase difficulty of the regulation. Excluding extraneous factors and making value judgment to have relative objectivity become the key of materialize legal concept. We discuss value added of uncertain legal concept in judicial application and analysis some prominent problems in the judicial practice value judgment. We hope to offer help for standard specific of uncertain legal concept.

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CLC: > Political, legal > Legal > Theory of law (Law)
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