从形式与内容的角度来分析,司法合理性可以分为司法形式合理性与司法实质合理性。
Analyzed in terms of form and content, judicial rationality can be divided into judicial form rationality and judicial essence rationality.
作为国家刑罚权的运用策略,刑罚政策的合理性既包括实质合理性(价值合理性),也包括形式合理性。
As the applied tactics for the state punishing right, the rationality of the punishing policy includes both the substantial rationality (value rationality) and the form rationality.
然而在实质合理性是法制的最终目标的思想指导下,超法规违法阻却事由必须有存在的必要性与可能性。
Nevertheless, with the guidance of ultimate goal of law, it shall be proved to be necessary and possible for the existence of Supra-law ground for elimination of misfeasance.
法的合理性,包括法的实质合理性与形式合理性,是法的价值性与真理性的统一,是法的合需要性与合规律性的统一。
The rationality of law including substantive rationality and formal rationality is the unity of values and truth and also the unity of the neediness and regularity.
技术合理性的实质是依据一定的标准和原则对技术实践活动的价值和意义的反思、评价和规范。
The essential about the rationality of technique is reflection and evaluation of the value and significance of practice according to definite standards and principles.
实践合理性的实质是依据一定的标准和原则对实践活动的价值和意义的反思、评价和规范。
The essential about the rationality of practice is reflection and evaluation of the value and significance of practice according to definite standards and principles.
实质论证解决法律推理大小前提的真实性、合理性问题,它是法律推理的外部证明过程;
As the external process of legal deduction, substantial reasoning solves the problem of the authenticity, rationality, and validity of the major premise and minor premise of legal deduction.
其实质的合法性、合理性,不仅在中国古代家庭本位的社会是充足的,而且至今仍然是明显的。
Its essential legitimacy and rationality is ample not only in the Chinese ancient society that took the families as basis, but also has been obvious up to now.
将财产损失与人员伤亡相并列作为适用死刑与自由刑相并列之法定刑的依据,具有实质的不合理性。
It is substantially unreasonable that taking the apposition of property loss and casualty as the basis for the statutory sentences of the apposition of death penalty and punishment against freedom.
将财产损失与人员伤亡相并列作为适用死刑与自由刑相并列之法定刑的依据,具有实质的不合理性。
It is substantially unreasonable that taking the apposition of property loss and casualty as the basis for the statutory sentences of the apposition of death penalty and punishment against freedom.
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