Consequentialist Value Orientation Study On Judicial Decision

The article starts from the sensational case "Xu Ting". The court of second instance commuted the verdict of life imprisonment to imprisonment for 5 years. It seems that the two courts are different in technology and style, but essentially it is the deep rhythm of value orientation. The case of "Xu Ting" is a typical example of consequentialist value orientation on judicial decision. Based on defining the meaning of consequentialism, this article reflects on the integration of consequentialist value orientation and traditional legal culture in the context of "personal status relationship", and makes empirical analysis on the role of consequentialist value orientation in contemporary society.The article comes to the conclusion by comparative analysis and empirical analysis that in order to break through the difficulties of traditional consequentialism, we must simultaneously implement the "technical" and "ethical" appeal of a judicial decision and search for the benignant mutual promotion of legal effect and social effect, that is, prudent consequentialist value orientation, and thus in the context of livelihood solicitude in contemporary China, from the perspective of consequentialist value orientation, reflect on the existing judicial function.The article can be divided into seven parts.The first part is the general introduction to consequentialist value orientation and proposes writing background and academical significance of this article.The second part is the basic theory of consequentialism. First, define the scope of consequentialism that is viewed as quantization and actualization of utilitarian and will act as moral and ethical standard of action. Second, analyz consequentialism on judicial decisions, consequentialist value orientation is a positive demand towards responsive law, therefore, consequentialist value orientation of judicial decisions needs moderate degree.The third part is the historical reflection on consequentialist value orientation in the context of "personal status relationship". There are different paths in the development of civilization between Chinese ancient society and western society That is, when it gradually leads to the road of faith in rule of law in western society Confucianism is still in the highest flight in the feudal society of China, and traditional conception of justice is historical and cultural foundation of consequentialist value orientation.The fourth part is the empirical analysis of the value orientation on judicial decision in China. It comes to the conclusion that grassroots court adopts consequentialist value orientation from exploring value orientation on judicial decision of grassroots court in contemporary society. However, it will lead to plight if consequentialism is the sole evaluation criterion.The fifth part is to harmonize "technical" and "ethical" appeal of judicial decision and realize prudent consequentialist value orientation. To break through the plight of consequentialism, there should be the minimum requirements about procedural justice and consequentialism that applies to all modern civilized society, looking for social effects within law and realizing prudent consequentialist value orientation.The sixth part is to reflect on the existing judicial function from the angle of prudent consequentialist value orientation. From the perspective of consequentialism, we should be committed to the development of responsive law, integrating legal effect and social effect and playing a real role in maintaining social order and promoting social harmony.The seventh part is the conclusion.Only in hard cases,consequentialist value orientation is of necessity.