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《Henan Social Sciences》 2015-01
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The Value Orientation Method in the Judicial Activities

Zhang Caiqi;  
The value orientation method means that we should reflect the guidance value standards in theenacted law, and use value thinking to run judicial activities. Legal norms are one of the idea systemswhich social evaluation based on. The value orientation method is the necessary method in the judicialacts. But the current legal theory of value orientation method, which was first proposed by Karl Larenz,haven't elaborated as a systematic theory. In the judicial practice in our country, judges can't use thevalue thinking mode correctly to think about the value judgement in legal norms, because they haven't un-derstood the value orientation method sufficiently. In legal methodology theory, there are two tasks to besolved, one is finding the specific value standards, the other one is making reasonable referees when thelegal system is not perfect. Judges need to use value thinking to find the facts, to choose and explainthe correct legal. Only in this way, can make the judgment comply with the principle of judicial notice.
【CateGory Index】: D926.2
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