The Unbearable Weight Of The Law

In this paper,the story which I want to "clear" is:How did a law and letigation involved Xinfang cases happen,how to solve.This is a story looks "ridiculous",which originally a private dispute,but eventually "pay" by the state.After describes the story,this paper trying to explain why this story was so "ridiculous".Zhang yuchan,who is Li baodong's mother,had a house which contains four rooms,and she made a will,all property of the house succeed to Li baodong.After Zhang yuchan's death,Li baodong's younger brother Li weidong went to the court claim for half of the property of the house.The court adjudge Li weidong get the property of one room of the house.Since then,Li baodong keep appealling for eight years, and ultimately compensate by municipal "relief fund".In this case,judge infect by a before case:Zhang yuchan once asked Li weidong to move out for dispute.And judge adjudge zhang yuchan lose without verdict about the house is common property or not, but for "non-legal considerations".And this kind of specialized resolution left the "curse".To deal with this, the judge of subsequent or related cases must consider maintain "the authority of the court(as opposed to the authority of the law),therefore,the Judgement made by the court always have logic problems,can not be justified,and this give reasons to Li baodong and his wife for petition through Xinfang system.Because the judges give priority consideration to the moral habits of logical reasoning in the law,and thus undermines the certainty and self-consistency of law,judge's decision becomes less clear,so,the judge can not make Li baodong couples believe that:this kind of consideration is not for their corruption, but in the pursuit of "the unity of legal effect and social effect".At the same time,the situation of "opinion vary" make Li baodong and his wife more and more confirm "this is a wrong case" in the process of "selective believe".And this continued to strengthen the "sense of injustice",which keep supporting their petition.It is worth noting that their movement is supported by this simple "sense of injustice",and their claims are based on constantly changing reasons.Nowadays,Chinese Court assume too much of "non-legal considerations" and the "non-legal considerations" often can not convince the two sides,this rise to a number of Xinfang cases.Finally,for solving those Xinfang cases we must rely on " non-legal solution",so,in order to jump out of this "non-legal considerations→non-legal solution" vicious circle,we should be clear,in multi-value modern society,only law can get the most consensus,not moral or any other consideration about "social effect" or something else.We can not damage the logic self-consistency and the certainty of the law because of "non-legal considerations" such as "social effects" - that is the proper meaning of"rule of law".