The Dilemma And Outlet Of Integrating Confucian Culture Of Common Sense Into Judgment Documents Reasoning

The meaning and extension of "sense and reason" in judicial practice are relatively broad,and even ordinary people have their own inner definitions of "sense and reason".The "sense and reason" in this article refers to the Confucian sense and reason culture.This article discusses the dilemma and way out of the integration of sentiment and reason into referee documents.Judgment documents are the main carrier to reflect the trial process and results of the case.It is the embodiment of the judicial power of the judicial organ and the platform for legal communication between the judge and the parties and the social audience.The judgment document must not only make a fair judgment in the entity,but also need to make the parties understand why the judgment is fair in the process of the judgment,so that the parties can feel the art of the judge and the temperature of the law.This requires judicial staff to do more detailed work in the reasoning part of the judgment document.In response to this subject,the author has read a lot of literature,and has a certain understanding of the writing of Confucian sentiment and culture and judgment documents.The author will explain this article from the following aspects:The first chapter is "The basis of integrating Confucian culture of common sense into Judgment Documents Reasoning." The chapter is divided into two parts.The first part explains the connotation of the core values of socialism in detail from three aspects,clarifies that the core values of socialism and the culture of sentiment are connected in the same vein,and it lays the foundation for the study of the integration of sentiment,reason,and reason in the latter part.Part of it is the reflection of the value of the integration of sentiment and culture into the judgment of the judgment documents,highlighting the importance of the integration of sentiment and culture into the judgment of the judgment from the perspective of value,and clarified the goal of the integration of the sense and reason in the judgment document.The second chapter is "the dilemma of the integration of Confucian sentiment,culture,and reasoning in referee documents".This part cuts through the three problems existing in the Confucian sentiment and culture into the judgment of the referee documents.At the same time,it uses the method of empirical research to analyze and demonstrate the specific cases of the referee document network.It clarifies the key points of this article and explores the reasons behind the problems.It lays a solid foundation for the later explanation of the principles that Confucian sentiment and culture should be incorporated into the referee documents.The third chapter is the "Principles of Confucian Sense and Reason Culture Integrating into Judgment Documents",which is divided into the principle of rule of law supplemented by the rule of law,the necessary principle of the principle of law,the principle of correctness of the assistant of intelligence,and the general principle of sensible language.These four principles are intended to emphasize that reasoning should be based on law and supplemented by reason,and pragmatic dictionaries of reason and reason need to be easy to understand in order to achieve a thorough and rational effect.The fourth chapter is "the path that the Confucian sentiment and culture is incorporated into the judgment of the referee documents".It is mainly divided into institutional paths and technical paths.This is the path for the integration of reason and reason obtained by the author under relatively simple learning.I hope that after in-depth study and study,I can find a more significant way to integrate the reason and reason,so that the reason will develop new vitality in the reasoning of the judgment.The last part of the article is the conclusion,which summarizes the shortcomings of this article and clarifies the direction of the author’s future study and research.