Dissertation > Excellent graduate degree dissertation topics show

Theory of Legal Principle of Judicial Application

Author: JinFeng
Tutor: AiErKen
School: Liaoning Normal University
Course: Legal Theory
Keywords: Legal principles Rule of law Rational mode Optimization mode
CLC: D916
Type: Master's thesis
Year: 2013
Downloads: 52
Quote: 0
Read: Download Dissertation

Abstract


Legal principle theory has been the important field in the study of theory of law, legalprinciple is known as dancing elf between law and social value. American famous juristscreated a precedent in the theoretical research, has the extremely prominent researchresults. Most domestic scholars under the influence of the theory, argues that the rule oflaw, legal principle model of dualistic theory study on jurisprudence theory and based onthis. With the continuous development of social economy and legal system graduallyperfect in our country, also emerged many new legal phenomenon at the same time, peopleexpect of judicial decision is becoming more and more high, when individual cases appearblank area of the rule of law or conflict between the rule of law itself, which requiresjudges to a certain extent, the exercise of discretion to reasonable applicable law principleto judge the case. This article selects the legal principles of judicial application is discussed,the purpose is to construct relevant legal system and the standard of the judicial referee’sjurisprudence theory support, in order to solve the difficult problems in judicial practice.In addition to the introduction and conclusion section, this article, the body is dividedinto four parts.The first part is an overview of the main legal principles theory. In this section, theauthor introduces the meaning of the principles of law, the legal principles of classificationand by presenting the analysis of the problem, the blank and rigid legal rules applicableexplanations and thus proposed applicable legal principles judicial try.The second part is to demonstrate the principles of law applicable regulation. Legalprinciples applicable conditions in this part, I as a starting point, then proceeded to describethe applicable legal principles, and finally leads to the legal principles applicablerestrictions.The third part of the analysis of the practice of the legal principles set forth, pointedout that the legal principle of two modes: the rational mode and optimize mode. Author bythe conflict leads to the legal principles applicable to the application of analysis of the legalprinciples in the administration of justice.The fourth part is concluded, through the analysis of specific legal principles andtyped, put forward some basic ideas on how to improve the legal principles applicable. Itsmain purpose is to better play the role of the legal principles in the judicial practice so as tosolve the problems in the judicial practice.

Related Dissertations

  1. Research on Network Supervision under the Perspective of Democracy and Rule of Law,D630.9
  2. On the Qin Dynasty of Virtue and Rule of Law,D929
  3. Petition Law-related Litigation Path of the Rule of Law,D925
  4. Studies on the Public Service Barrister System of China,D926.5
  5. On Research of Hardships and Countermeasures in the Course of China Government Construction by the Rule of Law,D630
  6. The Value Conflict in the Chinese Rule of Law,D909.2
  7. Subjectivity of Rule of Law,D90
  8. China’s Lower Courts to Explore the Concept of the Rule of Law,D926.2
  9. Legalism in Ancient China on China’s Current Legal Construction of Reference,D909.2
  10. Marx and Engels Constitutional Thought and Its Contemporary Inspiration,D911
  11. On Aristotle’s Political Thought,D09
  12. Judical Application of Defamation under the Context of Law,D924.3
  13. Research on the Application of General Clause of Civil Law,D913
  14. Study on Comparison of the Physicians’ of Duty Obligations,D923
  15. On the Principle-applied Judgment Practice,D90
  16. The Construction of Three Patterns of Legal Hermeneutics,D90
  17. Study on Legal Principle in Judicial Application of Civil Norms,D90
  18. The Unger Legal Change Theory Research,D90
  19. The Research of the Legal News’ Tendency to Amusement in Metropolitan Newspapers,G212
  20. The Study on the Formation and Cultivation of Modern Transformation of the Citizen’s Legal Consciousness,D920.0
  21. The Impact of the China’s Traditional Legal Values on the Modernization of the Rule of Law,D920.4

CLC: > Political, legal > Legal > UNIVERSITY > Justice system
© 2012 www.DissertationTopic.Net  Mobile