The Exploration Of Social Effect Of Justice Implementation

The rule of law has become the inevitable trend of our social development. People concerned more about justice. Social effect of justice is not only the judicial goal emphasized by national policy level,and become the focus of public concern. Social demands for justice have not only remain in the pursuit of legal effect on fair and just, but also increasingly turning to social values embodied aspects of social effects.The formulation of social effect of justice can be described as a long time. But its practice is always far from its ideal situation. On one hand, the values of people is changing and the dynamic meaning of social effect of justice is difficult to accurately grasp. On the other hand, from the legal analysis, as justice emphasize rules, procedures, the unification of legal effect and social effect can not be able to achieve naturally,and reflect the distance between the ought and the factual may be small but it is difficult to completely bridge,which have been reflected in a certain amount in Peng Yu case.In such circumstances,how to implement social effect on the basis of legal effect needs to introduce other elements to alleviate this problem. Discretion and mediation can indeed play a positive role, but has its limitations,and how to practice is also controversial. At the same time,we should also actively explore other possible ways. By Hai Rui theorem,we may be able to get some inspiration: the judicial process can be introduced more reasonable argument conclusions,which is non-legal arguments,on the premise of without prejudice to legal effect to optimize social effect of justice,and ultimately implement the overall effect of justice optimal. Reasonable argument can be understood as common sense but not entirely consistent with current laws and regulations,which can refer to economic,cultural,moral,and many other values,supporting legal argument to better achieve social effect of justice. We can demonstrate reasonable argument conclusions as a non-standard application of law,subject to certain preconditions to assist judicial decision. In judicial practice, case guidance system can be combined to play the role of reasonable argument conclusions.The implementation of social effect of justice is still within the framework permitted by law. We should not abuse the so-called reasonable argument against the wishes of the public. A reasonable argument can not withstand scrutiny must be used with caution. At the same time,we must also recognize that the improvement of law is the optimal choice of the organic unity of legal effect and social effect. Reasonable argument should be uniformed within legal norms ultimately. Due to various constraints, we should have certain tolerance toward the lack of social effect of justice at the present stage.The Paper consists of 5 Parts.The first part is to clarify the current academic views on social effect of justice,then present some opinions of my own on this issue.The second part is to analyze from a legal point of view,strict rules and procedures of justice can not guarantee the implementation of social effect,combined with Peng Yu case to do a empirical analysis. The third part is to analyze the existing ways of social effect implementation,and mainly do a detailed analysis of the pros and cons about discretion and mediation.The fourth part is inspired by Hai Rui theorem,which discussed the judgement of Peng Yu case and explored the use of reasonable argument to emphasize social effect of justice and then optimize the overall effect.The fifth part is some stimulating and relevant thinking mainly on how to achieve social effect of justice in our country.