value judgment

Legal terminology
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Value judgment refers to the judgment on value, which refers to the judgment on whether a specific subject has value, what value, and how much value to a specific object. To put it more bluntly, people social phenomenon , problems, often make a judgment of good or bad or should or should not. Because this judgment is directly related to people's values, it is called value judgment. It is generally believed in China's judicial academia that Legal acts The establishment of is a matter of fact judgment.
Chinese name
value judgment
Foreign name
value judgement
Interpretation
Judgment on value
Example
Good or bad, should or should not be judged
Introduction to terms
In fact, whether from the legislative, judicial or Value philosophy At the level of, the establishment of legal acts is not a factual judgment. The establishment of a legal act should not be reduced to a question of "whether it is a legal act", as many mathematicians in China imagine, but rather a question of "whether it should be a legal act".
The reason why the establishment of a legal act is easily mistaken as a matter of fact judgment is that the norms on the elements of the establishment of a legal act belong to the judicial norms, the complexity of the language expression of value judgments, and the division of labor between the establishment of a legal act and an effective system is different. such as Validity of legal acts The establishment of legal act also belongs to value judgment, and belongs to the normative judgment in value judgment.
It is often used as a common test in politics.