| An analysis of the typical cases issued by the Supreme People’s Court shows that the current judicial application of core socialist values has the problems of insufficient visibility, weak interpretation function, a strong color of value declaration, and inadequate argumentative integration into individual cases. Therefore, it is necessary to make methodological reflections on the systematic integration of core socialist values into judicial decisions. After being incorporated into statutes and Chinese Constitution, core socialist values have transformed from a pure moral category or judicial policy into the source of validity of contemporary Chinese law and become a legal principle in both the legal system and normative theory. There are three ways for core socialist values to be integrated into judicial decisions, i.e., performing the function of persuasion as reasons for adjudication, performing the function of law explication in a broad sense as grounds for adjudication, and serving as a basis for resolving value conflicts on particular occasions. The function of law explication in a broad sense can be performed in three ways, i.e., legal interpretation, gap-filling and law reduction. The prerequisite for the integration of core socialist values into judicial decisions is to concretize the core values based on the facts of the case in argumentation. The argumentative concretization process should conform to the form of “multi-step practical syllogism” and at least comply with rules of saturation, consistency and suitability. |
京公网安备11010102006664号 京ICP备2023015853号