司法裁决中的价值衡量

价值衡量是司法裁决中不可回避的问题,与此同时,针对价值判断也不无诸多疑问。无论如何,评价、判断涉及到的是法官过多的主观行为。由此,笔者从历史上重要的法学流派出发,提出了价值衡量存在的空间;并考量了价值衡量是否仅仅是法官任性作为,可否有其合理的可行性;以及简单介绍了在司法领域应用价值衡量的情形。

Value measuring in judicial decisions

The value measuring is an issue can not be avoided in judicial decisions. And meanwhile there are a number of questions to value judgments.In any case, the evaluation and judgment are involved in excessive subjective acts of the judges. Because of this,the author started from the important historical schools of law, proposed the existence space of the value measuring;and considered whether the value measuring was only decided by the judge just as self-willed action,and the feasibility of having their reason...