The Influence of Additional Facts of Cases on the Formation of Court Decisions
The accurate grasp and reasonable application of the additional facts of cases have im-portant practical value and significance for the fairness of quantitative judgment of cases.Taking the cases of bride-price in civil disputes as an example,China has formed three approaches of normativity in the application of the additional facts of cases.However,the normative approaches have major problems such as the difficulty of making exhaustive provisions for additional facts,the difficulty of quantifying the application of additional facts,and the contradiction or lack of rigor in the existing typ-ical cases and judicial interpretations.Therefore,in the quantitative judgement of cases,the adjudi-cator's judgment and application of additional facts still need to follow the practical logic,measure the additional facts of cases from the internal connection between the additional facts of cases and the es-sential facts,and judge and apply the additional facts of cases on the premise of reliability.The justi-fication of the quantitative judgment results made by using the additional facts must be based on wheth-er the parties have the minimum acceptability of the judgment results.
additional facts of casesquantitative judgementnormativityPragmatic logicthe justice of adjudication
万方数据
维普
