| The adjudication according to legal principles needs to resolve three problems one by one: how to identify the involved legal principles; how to decide the priority of the application between rules and principles,i. e. in what a case can the judge ignore the rules and make the decision according to principles;how to resolve the conflicts between legal principles, in other words,whether the judgt, ran get the "exclusively right answer" by balancing the related principles. To solve these problem.,contemporary theories of judicial decision-making have offered respective answers,but none of them contain. reliable operational approaches and instructions. Their failures originate in the essence of adjudmaaon according to principles that when the rules are exhausted,judges will make use of some inherent value judgments of the legal system to offer rationalized reasons for their decisions. Yet once the value judgments enter into the adjudication,the decision will probably become subjective, arbitrary and incomprehmsive. |
京公网安备11010102006664号 京ICP备2023015853号