The New Reflection On The Just & Modest Justice Conviction

From the reflection of Xu Ting Case we find we lack a justice conviction which our time badly needs. On the basis of Xu Ting Case, I extract the just & modest justice conviction, and explain it in detail. The Just & modest justice conviction is a just and modest usefulism, which reconciles Law and Common Sense as the core, balances legal liability and punishment as the basis, and pursues the harmonization of law effect and social effect as the aim. Meanwhile, I create three new principles for the just & modest justice conviction, which are justice near to people, justice acceptability and justice modesty. The paper aims to analyze the necessity of modern justice conviction, stressing the value and sense, which in return provides a new law thinking and guiding for the doubtful and disputable cases during the judicial practice.The paper is divided into five parts. The first part analyzes the law problem of Xu Ting Case, and then draws my own opinion; The second part extracts a key jurisprudential problem called the just & modest justice conviction through Xu Ting Case, and explains the rich meaning of the conviction; The third part mainly discusses the reconciliation of Law and Common Sense, and then draws the principle of justice near to people; The fourth part elaborates the reconciliation of the law liability and punishment, and then draws the justice acceptability principle; The fifth part expresses the reconciliation of the law effect and social effect, and then draws justice modesty principle.