Law And Reason Dialectical Relations And Conflict Resolution

The recent case of "yuan" sparked the debate of the masses. A lot of reasons such as insufficient adoption conditions, lack of government functions and poor enforcement of many departments in this case caused this tragedy. The case has obviously reflected the unsound of adoption legal system in our country. Moreover, the behavior of yuan which is reasonable but not legal has reflected the conflict between law and reason in Chinese society. From ancient times, the relationship between reason and law gave people feelings that being hard to cut off as well as to tidy up and the contradiction between reason and law constitute the basic contradiction that the process of Chinese law should face. The relationship between each other is the focus issue in law field all the time. No matter the ethical dilemma which caused by "method more than affection" or the practical problems contained in "connections stronger than the law", they are all the realistic difficulties that should be faced and solved in the process of law. From how to balance the relationship between these two in legislative activity, law enforcement process and juridical practice to achieve the fusion of law and reason, it plays a very important role in solving the case like "yuan" in daily life and has significant meaning to China’s legal construction. This thesis introduces the basic theoretical knowledge about the meaning of law and reason and the dialectic relationship between these two at first. And then describes the manifestation of the contradiction of law and reason; analyzes the reason of the contradiction. Throughout the case of "yuan" and combines with the specific case recently in juridical practice in China, the thesis finally put forward the suggestion of solving the contradiction between law and reason through the aspects of legislation, law enforcement and justice. According to this, the thesis is divide into three chapters, tries to use the research methods such as legal logic analysis, diagram method, historical analysis, method of comparative analysis and empirical analysis method to demonstrate, the concrete research content is as follows:Chapter one introduces the meaning of law and reason and the dialectical relationship between them. This chapter mainly research into the basic theoretical problems about law and reason. At the beginning comes out the meaning of law and reason, and then summarizes the dialectical relationship between law and reason into four parts:firstly, reason is the base of law; secondly, law is the sublimation of reason; thirdly, reason can fill up the nothingness of the ultimate legal value; fourthly, there exists conflict between law and reason.Chapter two introduces the analysis of the manifestation and reason of the contradiction. This chapter first lists out the manifestation of the contradiction in three aspects:legislative process, law enforcement and juridical practice; and then through the analysis of some cases to conclude that there exists some phenomenon about "legitimate unreasonable" and "reasonable but unlawful" and analyze the reason of the phenomenon. The reason includes the aspects of different properties of law and reason; the uncertainty of reason and the determinacy of law; the different viewpoint of humanity, way of thinking and problematic consciousness between them; and at last combines with the specific case in daily life to explain it.Chapter three introduces the solution of the contradiction of law and reason. First, harmonize emotions with laws from legislation and penetrate reason into the law to achieve the unity of the two; then the administrative law enforcement should insist on the principle "rationality" and be fair in law enforcement; at last, judicial act should pay attention to balance the relationship between "reason" and "law", these two cannot replace each other. And the judge must realize the uniformity of handling cases according to law and congenial with reason; take a good grasp of the case of discretion; rational use of utilization of method of interest evaluation; perfect the people’s jury system in China. Finally, the thesis introduces the view of reason into the law, make the law more humane, to realize the mutual coordination and unity of them.