This"Modesty"is not the Other"Modesty"——On Applying the Principle of Judicial Modesty in Administrative Litigation
For the present,the word"modesty"is frequently used to explore the problems in different fields of legal science in the legal discourse system in our country,which seems to be a"normal".It initially refers to the theory of extraterritorial modesty in the field of criminal law,and gets gradually extended to the application of legislation and judicial field.Since"modesty"can have such a large"implication"in different fields of jurisprudence,it shows at least that its application in different fields not only conforms to the literal meaning of the word Qian Yi,but also needs to fit the functional structure and value objectives of the fields.This paper compares and analyzes the application of modesty theory in the field of criminal law and administrative litigation,and expresses the cautious attitude that all fields should be uphold for the reference and application of"modesty",so as to maintain the relative unity and stability of the legal discourse system.
modestjudicial modestythe principle of judicial modestyadministrative litigation
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