法的可预测性 meaning in Chinese
foreseeability of law
Examples
- Foreseeability of law
法的可预测性 - The precondition of studying the distribution of burden of proof in civil lawsuit is to correctly set theoretical definitions for burden of proof as well as the object of burden of proof . going through various viewpoints upon the distribution of burden of proof , they , guided by the substantive law and the principle of justice and fairness , have respective limitations , they strive for the predictability and stability of law , but unavoidably face the problem of little flexibility , which might make the results not so fair , the substantive standards highlight a great flexibility , but might cause careless judge due to the uncertainty of standards
综观证明责任分配诸说，虽均以符合实体法宗旨与公平正义原则为指导思想，但各有其局限，形式性标准致力于实现法的可预测性与稳定性，但却不可避免地存在灵活性不足的问题，可能使证明责任负担的结果有欠公平，实质性标准实现了灵活性的长处，却又存在因标准不确定导致法官恣意裁判危及正义的可能。