The Criminal Justice Function And Application Of Common Sense,Common Reasoning,and Common Sentiment

In the context of the rule of law,the obedience to the rule of law is based on the recognition of the justice of the law and the people’s nature of the law,and is voluntary and active obedience.Common sense,common reasoning and common sentiment concentrate the most basic knowledge,the most general value and the most extensive identity of human civilization,condense the social reality and social value,and guide the most general social practice of hundreds of millions of individuals.Under this structure,common sense,common reasoning and common sentiment,with their self-explanatory,continuous,universal and direct structure,have become the necessary conditions and extensive resources for establishing higher popular recognition,acceptance and obedience in criminal justice.The authority of justice often depends on the stability and predictability of justice,and people establish stable behavioral predictions and value expectations through stable judicial activities.Under the requirement and drive of stability,even if the positive function of common sense,common reasoning,and common sentiment is significant,there is no way to avoid the caution,or even the avoidance,of judges in specific criminal justice for common sense,common reasoning,and common sentiment with complicated connotations and unknown external edges.However,in the context of the high degree of formal rationality in China’s criminal justice,this conservative mentality is often prone to incur serious consequences,not only in terms of the negative impact on the justice of individual cases and substantive justice,but also in terms of the derogation of the justice and rationality of the judiciary,the impact on the recognition and obedience of the public,and the impact on judicial authority.In recent years,many hot cases that have triggered a tsunami of public opinion have reminded us time and again that criminal justice needs to take common sense,common reasoning,and common sentiment seriously.The concept of common sense,common reasoning and common sentiment has experienced a tortuous origin,trough,dispelling and development,and has become an important research object in the field of philosophy and social science.Taking the origin of the concepts of common sense,common reasoning and common sentiment as the base,it is enough to see the overall development and theoretical structure of the three concepts,and it is also possible to clarify the basic attributes of self-explanation,continuity,universality,commonality and directness of the three,based on which the general meaning of the three can also be condensed.At the same time,due to the specificity and high formality of the criminal justice system,the common sense,common reasoning and common sentiment in criminal justice should be refined and limited based on the general implication,and it should also be emphasized that the three in criminal justice should not exceed the rule of law,nor abandon reason,in order to enhance the operability and applicability of the three in criminal justice.On top of the concept,the functions of common sense,common reasoning and common sentiment in criminal justice need to be further clarified.In general,the three have the following basic functions: firstly,in criminal justice activities,firstly,they are the basis for criminal justice subjects to know and understand the world,secondly,they are the methods and resources for criminal justice subjects to carry out factual reasoning and legal argumentation,and thirdly,they are the mechanisms for criminal justice to test conclusions and correct errors;secondly,they are oriented to the social benefits of the application of the three criminal justice,and their application in criminal justice firstly,they help criminal The public recognition of justice,followed by help to maintain the authority of criminal justice,the construction of the criminal rule of law,and finally,help to achieve the sovereignty of the people and consultative democracy.It is clear that the application of the three in criminal justice activities has the basis of legitimacy,and criminal justice realizes its legitimacy because of the application of the three.From the results of empirical research,the current situation of the application of common sense,common reasoning and common sentiment in criminal justice in China has the following obvious shortcomings: first,the application of common sense,common reasoning and common sentiment in criminal justice is not accurate;second,there is still a tendency of conservatism and negativism in criminal justice;third,the application of common sense,common reasoning and common sentiment in criminal justice lacks regulation,which is reflected in the excessive freedom to choose to apply the three Finally,the criminal justice application of common sense,common reasoning and common sentiment presents an absolute expression or tendency,and there is an excessive reliance on the three.To this end,it is necessary to strengthen both the internal structure of the criminal justice system to build a stable and clear institutional space and procedural path,and to strengthen the close cooperation of external mechanisms to form internal and external synergies.In the internal criminal justice system,the first is to promote the common sense interpretation of criminal law,clarify the scope and methods of common sense interpretation;the second is to clarify and standardize the application of common sense,common reasoning and common sentiment procedures in criminal justice,expand the subjects of application,strengthen the communication between litigation subjects,clarify the boundaries and paths of evidentiary reasoning and common sense,common reasoning and common sentiment reasoning,standardize the argumentation and reasoning of the three and expand the correction mechanism of the application of the three Finally,the professionalism and skills of judges should be improved and strengthened,and the scale and boundary of judges’ trial behavior should be clarified.Externally,the focus is on expanding public participation,strengthening public recognition of justice,and continuously strengthening the popularization of the three and the shaping of related culture,so as to realize the beautiful picture of the whole society using and abiding by common sense,common reasoning and common sentiment.