Conflict And Coordination Between Reason And Jurisprudence In The Judiciary

Reason and jurisprudence are the relations of opposites and unity.Reason is the basis of jurisprudence,and jurisprudence is an extension of reason and reason.The two infiltrate each other,influence each other,and support each other.However,in the specific judiciary,sensibility and jurisprudence are often faced with difficulties situation."Legal and irrational" and "reasonable and unlawful" are the two main manifestations of conflict between sensible and legal principles.Differences between our traditional sense and modern legal theory,the influence of western legal theory,the lack of judges’ professional quality and the weak legal consciousness of the people are the main reasons for the conflict between reason and legal theory.In order to better coordinate the relationship between rationality and jurisprudence,according to the causes of the conflict,the following three specific proposals are proposed.In the legislative activities,we must pay attention to traditional sentimental culture,adhere to the spirit of modern rule of law,and implement good laws and good governance.In the judiciary,judges need to continuously improve their professional qualities,and in the judicial adjudication,they must adhere to laws as the basis and consider reasonable factors,making the case The result of the verdict is consistent with the legal and social effects.In addition,it is necessary to further promote publicity and education in law,and to promote the rule of law among the people,so that the people’s awareness of the rule of law will continue to increase.They will consciously agree with the law,abide by the law,and fear the law.They will eventually be transformed into people’s values and standards of conduct,and will consciously maintain it.The authority and dignity of the law.