Peng Yu Case Legal Thinking

The famous jurist Rudolph von Jhering said the relationship between law and morality is the law of the Cape of Good Hope; those laws can be conquered as long as the mariners of the dangers to no risk of being drowned out. The relationship between law and morality of law is not only a philosophy major problem, but also on the social governance of the major practical issues. With the increasingly rich and varied social life, the relationship between law and morality are more complex, in dealing with the relationship between law and morality, to the legal person of a higher requirement.Imperial Court is a legal capital of the Empire's princely judges. Law is the final barrier for justice, the judge who, as the application of the law, can handle the relationship between law and morality, will directly affect the handling of some cases, especially the ethical handling of cases of doping. How to deal with doping cases of moral factors, the judge must also become a problem to be solved. The author in this test case starting from the Peng Yu, Peng Yu described cases of judges in handling an error exists, and how to handle the many doping cases of moral considerations to make some suggestions. This article is divided into three parts:The first part is an overview of the case of Peng Yu, introduced the results of the Court's criteria, judgments reasons, media coverage of the case situation, the case of evaluation and social impact.The second part is based on the facts of the case, from the four aspects that exist in the case of Peng Yu error, one moral foundation - deviation from justice; the second is the improper use of the law; third case the relationship between law and morality; four the judge did not make justice to be upheld.The third part is the case of Peng Yu reflection of moral influence factors on the judge's ruling that the judge for justice, they should obey the law, comply with the law and reduce the moral considerations.