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Conflict and Coordination between Reason and Law in Judicial

Author: YangXueFei
Tutor: YaoYuJie
School: Liaoning Normal University
Course: Legal Theory
Keywords: Judicial Reason Law “The perspective of general knowledge Commonsense Human relationship”
CLC: D926
Type: Master's thesis
Year: 2013
Downloads: 51
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In the Chinese traditional judicial process, the reason has been affecting the judicialtrial.With the change of the modern judicial idea and the idea of the rule of law, reasonand law are closely related, but the conflict between reason and law is increasinglyhighlighted in judicial process. The conflict between the two will not only affect the publicrecognition towards China’s judicial justice and law, but also the realization of China’sjudicial philosophy, and even impede the pace of our legal construction. Thereforecoordinating the relationship between the reason and the law in the judicial process is ofgreat significance to the justice and the rule of law construction.The thesis defines the meaning of reason from the perspective of general knowledge,common sense, human relationship, and further clarifies the understanding of sense. By theexploring methods of coordinating relations between reason and legal justice, we not onlyhope judicial activities can be carried out more smoothly, but also that ordinary people cancast correct perspective towards judicial activities, understand the law, heighten lawawareness,so as to realize the goal of law-ruled in China.Apart from the introduction and epilogue, the body of thesis is divided into four parts.The first part is primarily dedicated to summarize the meaning of reason and law. Theauthor tries to give an definition of reason and sentiment with review of literature ondifferent meanings of sentiment and to make a concrete analysis of the reason according todifferent levels of the division of reason and sense.The second part mainly illustrates the inevitable relationship between reason and law.In this part, the author further explores the relationship which is supposed to becoordinating between the two by explaining the connection and distinctions between them.The third part is mainly dedicated to the existed conflicts and causes between reasonand law in our judicial process. In this part, combined with typical cases in recent years,the author sheds light on the conflict of laws and reason in justice, and gives an analysis ofthe causes from the historical and traditional view, foreign rule of law theory and modernlegal consciousness, which proves its unavoidable nature and necessity of coordinating therelationship between reason and legal conflicts.The fourth part is mainly about the suggestion on coordinating the relation betweenreason and legal in judicial process. In this part, the author not only from the macro aspects,which adheres to the justice principle,proposes guidelines for the solution of the problem,but also from the micro level, gives a specific analysis from perspectives i.e. the judgequality, judicial documents and so forth.

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CLC: > Political, legal > Legal > Chinese law > Justice system
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