Judicial interpretation of surrogate child's"mother"in the first domestic surrogate child custody case——Based on the teaching perspective of multiple legal methods
Through the teaching perspective of integrating various legal interpretation methods,authors studied the first custody case caused by surrogacy in China.Through the interview,it is found that in the first custody case of surrogacy in China,the judges of the two trials have different thinking on the judgment of syllogism in the face of the legal blank.The first instance judge stressed that conservative,pressure,dare not break through;Judges of second instance dare break through syl-logism in pressure and conservatism.The judge of the first instance sticks to traditional ethics and consanguineous ethics;Jud-ges of second instance adhere to the modern morality of respecting privacy.So that their sentences were different."Political correctness"is also emphasized in the second instance,and consider that surrogacy is illegal,and based on the value judgment and other methods,through the expansion to explain the common sense of the"Step parents",which decision the children changed to Chen Yan.This case demonstrates when perfect justice ought to be inconclusive,the judge's real justice is the best expedient.The Enlightenment of the case is that the discretion of judges can be expanded,and the new form of"combination of laws and regulations"in Chinese legal system can be innovated,so that the judges can feel the pulse and make strict argu-mentation like Traditional Chinese Medicine,which is conducive to the realization of greater justice.The goal of this teaching content is to cultivate"down-to-earth and ambitious"talents,not only to train the logical thinking ability to understand the doctrine of law,but also to train the ability of social science law paradigm to pay attention to the social reality.
Transformation of educationDiscretionLegal interest measurementSyllogismCombination of law and precedent
NETL
NSTL
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