Research On The Application Of Reasonableness In Contemporary Justice

Sensible,reasonable and legal has always been the goal pursued by the judicial system in our country.To achieve such a goal,an important part of it is the application of reasonableness.Influenced by Confucian culture,reason was the basic value judgment standard of the vast majority of the people in ancient times,and subtly influenced judicial decisions.Although the modern rule of law advocates "taking the facts as the basis and the law as the criterion",the way of thinking of achieving fairness and justice with reason as a tool and relying on the law has been deeply imprinted on the hearts of every lawyer.Cases that have received great attention in recent years,such as the "Wuxi Embryo Case","Elevator Smoking Persuasion Case"and "Yu Huan Case",all illustrate the importance of reason.In the current judicial practice,there are still many problems when judges use reasonable judgments.Therefore,on the basis of in-depth research on the problem,we must find an effective path for combining reason and law,such as determining the applicable standard of reason and the scope of application of reason and so on.Of course,we must also admit that,from the perspective of current judicial practice,due to the constant changes in technology,values,and culture,it is difficult to find a perfect solution to effectively integrate the law and reason.This paper analyzes the way of thinking by studying the "consideration of reason and law" in traditional Chinese judiciary and the typical cases of combination or conflict of reason and law in modern justice,and draws valuable content for the combination of modern reason and law.The first part of this paper is an introduction,which mainly includes the background of the topic selection,research significance,research methods,research innovations,as well as the current domestic scholars’ analysis of the current research situation of the combination of law and reason,so as to pave the way for their own research.The second part discusses the historical origin of reason in Chinese judicial practice,as well as the transformation of resaonableness in contemporary justice,and discusses the concept of reason nurtured by Chinese traditional culture.Since Confucianism has become the mainstream thought in traditional society,"natural principles","national laws" and "human feelings" have become important considerations in judicial adjudication,and the unique concept of "parental officials"has been born.Ancient judicial officials were not only judges in resolving disputes,but also needed to convey mainstream values through case adjudication.The resonableness in contemporary justice is more inclined to safeguard the rights of ordinary people.The third part analyzes the status quo of reason in judicial adjudication and judicial execution,and analyzes its combination basis,thinking method and problems through several cases.The reason why the application of reason can continue to this day is mainly reflected in three aspects:the inheritance of traditional concepts,the lag of the law,and the result of public opinion shackles and judgment.The fourth part analyzes the justification basis of the application of reason in judicial adjudication,and the negative impact of the combination of reason and law.In general,the positive role of reason in the judiciary is to meet the requirements of substantive justice,improve judicial credibility,and at the same time facilitate the establishment of standards for type thinking.The negative effect is mainly to lead to the abuse of judge’s discretionary power and weaken the authority of the law.The fifth part is to explore the effective way of combining reason and law from three aspects of legislation,judiciary and legal education.Facts have proved that the application of reason widely exists in my country’s judiciary.Whether it is in the judgment documents or in the determination of the circumstances of the case,the influence of reason on the thinking of judges can be seen.The application of reason in the modern judiciary can better achieve the unification of social and legal effects,ease the tension between public opinion and the judiciary,which is an inevitable requirement of a society ruled by law.However,we must also pay attention to the fact that the scope of application of reason must be reasonably limited,it cannot go beyond the legal framework,and it cannot be used as a tool for "trial by public opinion".