On The Legal Certainty In Hard Cases

The arguement on Legal determinism has been long-existed, especially after we entered into the 20th century. The main reason is the fast-paced society of the 20th century. no matter the public or the government, no matter the field of economic, or political, or legal fields, all profoundly influenced and impacted by the rapid social change and transformation. The human society has marched into a time of multified values and authorities in which there is no ultimate value. Under such a background, the image of the Code which was established in the 20th century encountered with previously unexpected difficult cases and problems and was unable to solve them. The school of realism takes the advantage of it, challenges the prestige of law, and the law faces a crisis of credibility in a whole. Only we prove that the law can also maintain legal determinism in the difficult cases, can the law regains its authority in the people heart, maintains its integrity. it is also the requirement of our modernization career, because the modern society is the legal society, is established on the legal authority. Especially in the contemporary, maintaining the determinism of law in the process of difficult cases is necessary and urgent, as well as possible. More importantly, this topic for today's China is also of great practical significance because China is still in the journey of a modern legal system. As the emergence of a series of difficult cases such as Luzhou Legacy case, Nanjing,Pen Yu case, Guangzhou Xu Ting case make people, especially ordinary people doubt that if the law still have determinasm in difficult cases. Therefore, this paper chose to study this topic so as to make people believe that even in today's endless stream of difficult cases the noble character of certainty in law will not change, the faith on legal certainty should be strengthened but not be weakened.To achieve the goal of the author, this article intends to use four chapters to carry out the elaboration: The first chapter is the preface, which mainly introduces the background of this thesis, the domestic as well as the foreign researching status in regard of this topic, the research method of the thesis , the research foundation, and the aim of the research; The second chapter is about the definition and conceptions of difficult case and the legal determinism to make some theoretic preparations for the later text; The third chapter raises up the topic, reveals the important position of the problem of legal determinism in legal field by the discuss of the arguement in the history of Western legal society,. The fourth chapter is the development of the topic to reexamine the determinism problem in the difficult cases. The fifth part is the solution, that is the provement of legal determinism in difficult cases. At the end, it is the conclusion of this paper.