The normative framework of judges'pre-understanding and the path to regulation:a perspective from preventive environmental public-interest litigation
The judge's pre-understanding is an integral part of judicial discretion,especially in the preventive environmental public interest litigations.Such pre-understanding showcases the value of judges'discretion and the value of broad perspectives.The formation and examination process of pre-understanding covers the entire range of judicial proceedings,and needs to be integrated and linked with the judiciary syllogistic reasoning.In China's judicial context,there is a lack of standardized systems and supervision mechanisms in defining and restricting judges'pre-understanding.The limited attempts in defining pre-understanding also fail to integrate smoothly with the direction and steps of judiciary syllogistic reasoning.Furthermore,most judges lack the basic conditions for forming pre-understanding.Therefore,it is necessary to develop a pre-understanding constraint system that features"flexible guidance with supplemental rigid supervision".Based on summarization and exploration,it's crucial to refine the key alignment points between pre-understanding and judiciary syllogistic reasoning.Additionally,it's essential to provide ideal resources and contexts to standardize pre-understanding from the root-cause.This approach aims to make up for the deficiency of insufficient professionalism in the preventive environmental public-interest litigation and promote the standardization of judicial activities.
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