The Rule Dimension of Hard Cases and the Choice of Legal Methods:An Analysis of the Zhao Chun-hua Case
YU Hao-zhe;Law School,Nanjing Normal University;
Hard cases are an unavoidable problem in legal practice and law research,and hard cases in the sense of judicial adjudication refer to those cases where there are hardly definitely applicable rules. According to the different manifestations of the limitation of legal rules,hard cases can be divided into three types: fuzzy,conflict and loophole ones. The key to resolve them lies in the judge's choice of specific legal methods according to the actual circumstances. In order to guarantee the legitimacy of his verdict,a judge should make a judicial argumentation on the rationality of the applicable legal method in a hard case. An analysis of the Zhao Chun-hua case shows that it is a fuzzy-type hard case in terms of the rule dimension,where the interpretation of its applied system method lacks is not judicially rational. The right interpretation should have been made in terms of its objective in order to obtain a judgment result which would conform to the public's expectation.
【CateGory Index】： D926.2