| In recent years,there have been many cases in judicial practice in which the outcome of final judgments deviated from the outcome of first instance judgments.The reason why such legal and moral dilemmas have aroused widespread concern in society is that the outcome of the judgment deviates from the mainstream social values and is questioned by the public as unfair.At a time when China’s rule of law construction is entering a new stage of development,judicial practice should pay more attention to the cultural factors for the many problems that arise in judicial practice.With the moral evaluation system of right and wrong as the core,the role of cultural factors based on socialist core values in achieving justice should become a social consensus.By analyzing the difficult cases that cannot achieve public recognition in judicial practice,the lack of local cultural heritage,the unclear criteria for the application of cultural factors,and the insufficient interpretation of cultural factors in adjudication documents are the main dilemmas of the current criminal justice decisions in China due to the insufficient consideration of cultural factors.In the current context of socialist rule of law modernization,in order to give full play to the value-oriented role of criminal justice adjudication,it is necessary to improve the path and methods of integrating cultural factors into criminal justice conviction and sentencing.The specific aspects include the following: the prerequisite link is the creative transformation of traditional legal culture and the activation of local resources and the modern use of local discourse.The traditional legal culture should be invoked dialectically and the content should be screened.For example,the ideas of "morality and law together","people-oriented" and "peace-oriented" can be invoked,as well as other cultures that lead people to goodness and social development and progress.The modernization of criminal law is coupled with the excellent traditional legal culture.In terms of the criteria for invoking traditional legal culture,the first is to follow the principle of legal exhaustion,and there is no need to invoke what can be properly resolved within the existing legal framework.Secondly,from the aspect of essence,the traditional legal culture to be invoked must be placed in the evaluation system of socialist core values.Thirdly,from the aspect of expression,the application of traditional legal culture should be broad and universal,not only applicable to individual cases.The scope of key cases invoked by reference are cases involving marriage and family matters,neighbor disputes and cases of righteousness and courage.The fundamental link is that the judiciary should refine the provisions of reason in conviction and sentencing to alleviate the conflict between formal justice and substantive justice.From the analysis of the constituent elements of the crime to refine the judicial application of the emotional provisions,so that the emotional provisions of criminal law and the normative provisions of the effective interface,such as the purpose and motivation of the actor,the context and background of the act,the special relationship between the perpetrators,the background investigation of the other party to the act.The applicability link is to integrate the socialist core values into the process of explaining the law and reasoning in the adjudication documents.To enhance the reasoning of the emotional aspect,the emotional reasoning as a basis for reasoning should be guided by the principles of socialist core values,to avoid the tendency of pan-moralization.Also improve the use of socialist core values into the method of interpretation of the law.In the invocation of socialist core values,the first should follow the "legal rules-legal principles-socialist core values" of the logical sequence,to grasp the use of core values in the legal framework of legal reasoning.Secondly,we should find the right combination point and improve the accuracy of the core values quoted.Finally,we should enhance the argumentative nature of the core values adjudication.Safeguarded link is the specific application guarantee that must be done for the use of cultural factors in judicial adjudication.In order to prevent judges from subjective arbitrary judgment,the bridge between conviction and sentencing and social communication is structured from the two aspects of judges’ adherence to judicial conscience and the active function of the people’s jury system to guarantee the objectivity of judges’ value judgment.The cultural factors in China are closely related to the construction of the rule of law.The modern criminal rule of law should be closer and closer to social life and sentimental morality,not further and further away.In the new era of building the modernization of criminal rule of law,cultural factors should be carefully considered and actively guided.Through judicial decisions to convey to society what are the right values,what kind of behavior should be punished,and provide concrete action guidelines for the people,in order to form a good atmosphere of good law and good governance in the whole society.So that the people can feel the temperature of justice,social justice,so that they can feel that justice has power,right and wrong,and temperature,so that justice can be touched,felt and credible. |
