Construction The Justice Of Discourse Of Rule Of Law In China

Vernacular justice reflects the basic view of Chinese people on justice,which is a concept of justice formed by the people based on the moral bottom line and a sense of innate justice.Vernacular justice,as a sub-concept of justice,embodies the diversity,democracy and post-modernity of justice.The original intention of the word vernacular justice was to summarize the public's views on justice and to supplement the judicial monolithic description of justice.Vernacular justice is not simply advocating blood revenge,but developing a revenge concept that accepts state relief on the basis of inheriting the traditional principle of reciprocal reciprocity.On the issue of distribution,inheriting the ideas of Datong and accepting the guidance of Marxism in China,Vernacular Justice advocates the concept of distribution justice with distribution according to work as the main body and distribution on demand as the supplement.The current discourse system in China has the official,academic and folk triple discourse phenomena.From the statement on revenge and justice in Zhang Koukou's case,the official discourse presents the monistic value orientation of safeguarding the national interests based on the law;academic discourse presents justice as precise logical analysis of revenge and multiple discourses of internal views,there is a justice view that advocates the legal standard,a justice concept that advocates the moral standard,and a justice concept that advocates the interest standard of the client;The folk discourse expresses justice in revenge.Bright and diverse value judgments.When the above subjects expressed justice and revenge,they showed the conflict of value orientation of contemporary Chinese rule of law discourse,the discourse phenomenon dominated by official discourse,the lack of understanding of all parties,the problem of sticking to their own positions and the lack of national identity.The root of the above problem lies in the fact that groups form different positions and thinking due to different specializations of knowledge,which in turn aggravates the conflict of values,and finally emerges from the starting point and logical original intention of serving the people.Vernacular justice has three characteristics: emotional,local and utilitarian,which reflects the value orientation different from academic justice.Emotionality is reflected in the irrational motivation based on vernacular justice based on "popular anger" and the mechanism of intuition as a value judgment.Locality is based on the locality of knowledge and presents a limited understanding of the problem.Utilitarianism is reflected in the Vernacular justice is a logical form of judging whether it is fair by comparing the results.Vernacular justice can enrich justice under academic discourse because of its particularity.But Vernacular e justice is not perfect,and the academic community should critically accommodate the value traits of Vernacular justice,and return to law as a standpoint and starting point for human to serve others.In the content dimension,emotional factors are integrated into abstract logical thinking to balance the relationship between law and morality.Based on law,morality is the inherent requirement of legal rationality.The road to the rule of law based on legal effects and social effects.Correctly deal with the dual logic of modern and traditional,avoid excessively emphasizing the logical misunderstanding of modernization,walk out of the value dilemma of modernity with problem-oriented;In the practical dimension,gathering consensus with a negotiation system,and enriching the country's monarchic leadership by establishing a series of democratic negotiation mechanisms.In the discourse structure,the academic community should bridge the more serious inequality of knowledge caused by different professional knowledge.We should improve the redistribution mechanism,complete distribution according to work,and reduce the polarization between the rich and the poor.In the value dimension,adhering to the fundamental position of people's democracy,and practicing the discourse of the rule of law in China from the perspective of ideas.Adhering to China's standard to absorb advanced Western experience,and enriching the Chinese rule of law discourse with questions.