文章基本信息

标题：Ability and Inability of a Judge: Boundary for Balancing of Interests
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作者：Meng Tang ; Xiuping Dong
期刊名称：Asian Social Science
印刷版ISSN：1911-2017
电子版ISSN：1911-2025
出版年度：2011
卷号：7
期号：12
页码：36
DOI：10.5539/ass.v7n12p36
出版社：Canadian Center of Science and Education
摘要：The fact that a judge can make a discretion on a case has currently acquired recognition. This article is going to make a discussion on employment of the method of balancing of interests by a judge under the active judicial background. It mainly discusses the following several issues: whether a judge should choose a standard inside the law or seek for a standard for judgment outside the law when he makes a judgment? What kind of standards the judge should take? Which standard the judge starts out to make a value judgment? Whether the judgment on the value will enable the judge to make an unscrupulous judgment?