Research On The Role Of Reason In Judicial Application

Reason was born in ancient China,and was able to develop,mainly used for judicial decisions and interest litigation.After the history of washing and development,although China’s modern justice to promote the rule of law,but as a traditional Chinese culture,there is still a strong vitality.The influence of the traditional legal culture,many people will still be reasonable as the basic value standards,and influence the process and result of judicial trial,even in some cases,there will be conflict between reason and legal situation.This article from the reason of ancient and modern connotation,the definition of reason,make people have a deeper understanding of the reason,the reason as a part of traditional culture in modern judicature,implicit or explicit,play its role.In contemporary judicial practice,there are many examples of using reason.Of course,the reason is in the judicial practice has positive effect already,also have a lot of shortcomings,the reason can be the complement of the law,unity,achieve the legal effect and social effect at the same time,the reason can easily lead to the abuse of discretion of judges,affect the authority of the law,if excessive use and even affect the stability of to the law.The reason for the limitation of the judicial application,at present there are some problems,from the point of view,analysis of reasons,which can avoid in modern justice,make better sense in the judicial practice work,in order to better service for the construction of the rule of law society.In addition to the introduction and conclusion,this paper consists of five parts:The first part of the ancient and modern sense of the meaning of reason analysis,defines and studies the reason that,although the ancient and modern sense of the importance of the different,but can not deny that the reason plays an indispensable role in our judicial trial;The second part mainly discusses the reason in contemporary judicial adjudication is how to use the reasonable reflected in the judgment,the judgment of"human",at the same time,reasonable function in judicial mediation,the mediation success rate is greatly increased;The third part mainly analyzes the role of reason in judicial application,reason has its positive role in modern justice,it can be part of the provisions of the law to play a complementary role,but also can provide reference for the formulation of laws,unified political effect and social effect,will achieve legal effect,has a positive meaning on the administration of justice in China;however,the reason also has its own limitations,may cause the abuse of discretion of the judge,and even affect the stability of the law,the legal authority,these negative effects are we must face and actively overcome;The fourth part is on the analysis of reason in judicial application effect on the judicial application of the problem,some people mistake cognition on the law and reason,and judges are cognitive errors,the reason there are problems in the judicial application.The reasons for these problems are various,not only by traditional concepts,there are legal workers and people themselves lack of awareness of the law,which have led to the public can not have a reasonable understanding of the positive role of reason,reason not to play in a timely and effective manner;The fifth part is the problems and reasons in judicial practice through the analysis of the reason and the recommendations,positive significance not only in the legislative aspects of the reasonable absorption,but also in the judicial practice in innovative ways,but also to improve the quality of legal workers,strengthen the legal consciousness of the people.