The Analysis Of Therapeutic Jurisprudence

Therapeutic Jurisprudengce,also known as healing theory,therapeutic jurisprudence,etc.,originated in the United States in the eighties of the last century,and gradually developed and expanded in the North American continent,Australia and other places.Therapeutic jurisprudence originally developed independently from the theory of mental health law in the United States,and has expanded over the course of decades to psychology,criminal law,family law,contract law,tort law,and other fields.Originally,therapeutic jurisprudence existed as a sub-discipline of jurisprudence.Its founders,David B.Wexler and Bruce J.Winick,have concluded through years of theoretical research that it is necessary to propose a new theoretical concept of therapeutic jurisprudence,and summarize the definition of therapeutic jurisprudence:"Therapeutic jurisprudence studies the role of law as a therapeutic agent—it is an interdisciplinary undertaking that aims to bring insights from clinical behavioral science into the development of law." "From the initial niche jurisprudence to the current multidisciplinary and multi-field cross-application,therapeutic jurisprudence has experienced ups and downs and criticism.The end of the Cold War era has gradually made people realize the connection and increasing sense of openness brought about by human beings as a community with a shared future,and at the same time,it has also brought about great changes in social thought from a humanist perspective.At the same time,the rise of interdisciplinary and cross-disciplinary methods has made therapeutic jurisprudence equipped with tools for theoretical research,and the multidisciplinary academic background of the founders of the discipline,Wexler and Winick,laid the foundation for the establishment of the ultimate therapeutic jurisprudence,so that the emergence and development of therapeutic jurisprudence can be carried out smoothly and smoothly.Originating from the North American continent and expanding to Australia,therapeutic legal theory has been greatly applied in judicial practice in many countries.The Drug Treatment Court in the United States and the Neighbourhood Justice Centre in Australia are the most representative;From different perspectives at the social,legal and individual levels,the practical application of therapeutic jurisprudence is obviously different,and the application in judicial practice is relatively slow.In fact,the application of therapeutic law in the United States is not infallible,and its development and gradual expansion of application scope have also experienced ups and downs.At the beginning of the proposal of therapeutic jurisprudence,some scholars criticized therapeutic jurisprudence from five perspectives: identity,definition,empirical uncertainty,rule of law and balance.However,with the deepening of the practice of therapeutic jurisprudence,objectively it may provide supporting evidence for confirming the practice of therapeutic jurisprudence,and ways to improve judicial practice are proposed from different angles.The gradual maturity of the judicial application of therapeutic jurisprudence outside the American continent has also brought enlightenment to the modernization of the rule of law and the construction of a socialist country under the rule of law in China,among which the correct establishment of the concept of human rights,the proper application of substantive rules and legal procedures,and the effective play of the role of judges and lawyers deserve our attention.Based on this,in order to systematically analyze the theoretical viewpoints and practical application of therapeutic law,the first chapter of this paper focuses on the basic theory of therapeutic law.It is divided into three sections,which first summarize the emergence and development of therapeutic jurisprudence;Secondly,the basic content of therapeutic jurisprudence is expounded,including the concept,the premise of "treatment",and the scope of "treatment";In the last section,the concepts of "therapeutic jurisprudence" are analyzed from legal psychology,forensic psychology,and judicial psychology,and their differences are analyzed.The second chapter adopts the comparative method of analysis to examine the practical application of therapeutic law outside the region and the country respectively,and summarizes the current situation of the practice of therapeutic law inside and outside the region.Extraterritorially,represented by the "Drug Court" in the United States and the "Neighborhood Justice Center" in Australia,the current situation of its emergence and application was examined;In China,the expressions of treatment concepts in China’s judicial policy documents are explained respectively,and demonstrated in combination with the preliminary practice in China.Finally,the application status of therapeutic law at home and abroad is compared and summarized.The third chapter re-examines the judicial practice path of therapeutic jurisprudence on the basis of the comparative analysis of practice above.Firstly,the inherent dilemma of therapeutic jurisprudence is proposed,which illustrates the limitations of therapeutic jurisprudence.The second section then discusses why therapeutic jurisprudence can break through barriers and exert influence in judicial practice to develop and grow in its inherent predicament,and in what way therapeutic jurisprudence completes this practice process in this process.The fourth Chapter focuses on the current situation of the domestic judiciary.Firstly,it explains the enlightenment brought by the extensive application of therapeutic jurisprudence outside of China to our rule of law construction.Secondly,this chapter summarizes the possible fields of practice for therapeutic jurisprudence after its introduction in China and makes corresponding assumptions and expectations.Finally,based on the above-mentioned enlightenment brought by therapeutic jurisprudence for China and the positive assumptions and expectations for its practical fields,this chapter looks forward to the future of our rule of law construction.Therapeutic jurisprudence has many mature applications abroad,and it should have its advantages.Therefore,based on the realistic national conditions of our country,it is the rightful duty of legal theory to explore the possible practicality of mature legal theories abroad in our country.This chapter focuses on the academic theory,rule of law practice,and legal professional community respectively from the perspective of the current national conditions and inherent cultural soil of China,discussing the enlightenment brought by therapeutic jurisprudence and making assumptions for future domestic practical applications.Therefore,this paper takes the branch of jurisprudence with an interdisciplinary background as the starting point,systematically and deeply analyzes its theoretical basis,and synthesizes the reality of its practical application.Finally,we try to think from different theoretical bases for the construction of the rule of law in China and the continuous development of the socialist country under the rule of law,and take domestic judicial practice as the foothold,and try to put forward the enlightenment that this emerging branch of jurisprudence can bring to the further improvement of the rule of law in China.