The Theoretical And Practical Integrity Of Feelings And Reasons In Criminal Judicatory

This article aims to offer references to modern criminal judicatory practice through serious study on the integrity of feelings and reasons of traditional criminal judicatory ones.By defining feelings,reasons and laws,the autuhor traditional Confucian legal concepts focusing on feelings and reasons,discussed the historical inevitability of the combination between Confucian ideas and traditional laws,and gave reasons to the phenomena of judicatory integrity of feelings and reasons.Theoretically,the fundamental nature of lawmaking is to take all feelings and reasons into consideration,so a law which can deal with both feelings and reasons is seen as a truly good one.Though based on the integrity of feelings and reasons,the traditional judicatory practice followed a series of corresponding principles,such as “judging crimes on laws”,“paying respects to feelings and reasons” and “sentencing with crimes and feeling”.The traditional Chinese judicatory culture concentrating on feeling-and-reason oriented laws,which was supervised by Confucian ideas,played a positive influence on modern legal practices.On the other hand,modern legal practices set up advanced requirements in order to adapt to current legal construction.Among the current criminal judicatory practices,the integrity of feelings and reasons is needed which can openly embody the interdependence of substantial justice and procedural justice.By analyzing the principles and means of realizing judicatory integrity of feelings and reasons,this article came to the conclusion that the premises of feeling-and-reason oriented justice is thorough investigation into each case based on truth and law,abiding by the judicial bottom line and the principles of judicial logos and judicial justice,for the purpose of unification of legal effects and social effects.