Friends Xu-Ling

Recently, Beijing dongcheng district people's Court, a contract dispute, and pursuant to the contract law provisions concerning the right to revoke the decision revoking the accused Zhang and a third party's soup between House dealing contract.

Dongcheng District Court of this copy of the judgement, the enhancement of the adjudication that rational, is laudable. The filial piety "appears here, is to persuade the judges to parties, education to" human nature ", not the reason why the judgment of" legal basis ". In other words, did not invoke the filial piety ", on the verdict, without any change. If traditional concepts and reasoning for the judges to provide some support, enhanced reasoning of adequacy,Atlanta Braves Caps Wholesale, let the judgement seems no longer boring, and what is wrong with that?

Panoramic view of the present case, the daughter who dare to disgrace and crux laizhang, court enforcement difficult, but not the daughter do not understand the filial piety. The plaintiff's appeal to the Court, I am afraid of expectation is effective justice, rather than something allusive preaching. Judge sitting pontificating course easily,New York Mets Caps Cheap, but let judgment entered into force is the top priority.

Plaintiff Lu old too in Beijing have a House. August 2008, she and her daughter Zhang House dealing contract signed,Milwaukee Brewers Caps Cheap, will the housing to 37 million Yuan price transfer to Zhang. After going through the formalities of ownership, Zhang has unpaid purchase money,cheap fitted caps, Lu old too but the daughter to court,Athletics Caps, the Court judgment to pay the mother Zhang limit and costs $ 38 million.

?The judgement in a logical and, so as to encourage

Judgment pointed out in argument, the Chinese nation has a "100 shanxiaowei first" tradition, Confucian classics of the filial piety "or even" filial piety "hailed as" the days of via, real, human journey, the "big picture. Thus, "filial piety" is a general recognition of the traditional ethics. These virtues, in the current society should also be promoted, the children,Red Sox Caps Wholesale, not only should support, more should be kind to parents, not for personal gain and deceptive philosophy, but my number. Combined with the present case, the plaintiff is the old age of 80, the daughter of the defendant as plaintiff, plaintiff, had to be dutiful but purchased from the plaintiff's premises, rather than pay the plaintiff the limit, and after the Court decision, their behavior to avoid debt not only violates the law or contrary to public morals, and contrary to the purposes of a harmonious society.

Unexpectedly, Lu old too in October 2009 when applying for a court to enforce,MLB Caps Cheap, Zhang has been discovered in December 2008 will be the lawsuit of real estate by way of contract of sale to 38 million Yuan price transfer to my daughter's soup, resulting in a land claims of the old too. Lu old too finds daughter Zhang and his granddaughter soup a malicious collusion price transfer property, then the prosecution to court again, requesting revocation of Zhang and soup in a contract of sale between the houses.After hearing the Court considers that the provisions of our law of contracts,Orioles Caps Cheap, the debtor to a patently unreasonable price for transfer of property, damage to the creditor, and the assignee knew the situation, the creditor may request revocation of a debtor's Court. Accordingly, the sentence revoked Zhang and soup in a contract of sale between the houses.According to the enforcement of judgments, why moral teachingsHealth of Chinese classics Chen wall of Renmin University of China

Economics Faculty of Hou MengEnhanced reasoning adequacy, refer to what is wrong with that?Law sector has on the Court of Justice judgments to criticize that our judgments, judgments of a formula generally too simple reasons, lack of legal reasoning and argumentation. In this case the judge will take care of writing such a logical and of judgement, be encouraged. Of course, strictly speaking, if you stand in the "specification for the position of the law," think of this judgment, in a decision pursuant to the contract law of the case, the law is to make a judgement on ethical issues,Jordan Caps, is the need for discussion.Speaking of filial piety,Polo Caps, judgment has a piece. Although a strong hold on the rational, but need to be reminded that most people are often judged, confusing moral and legal boundaries, professionals should maximize the effect of avoiding ethical likes and dislikes, the legal assessment to reflect the judgment of Justice and rigorous. Judgement when considering that the moral persuasion should be attached to the judgment.Collision

Ethics and dislikes cannot affect the legal evaluation