The Transformation Of "the Legal Effect And Social Effect Unifies" To The Rule Of Law Thinking And Way Of Rule Of Law

In recent years, there is always some legal cases, from the case facts to applicable law, from the verdict to social moral and political level, have become the focus of the discussion and review of people. Even, will also raise a burst of equivalent of the heat wave from time to time, from the defending side to against the other party; From the suspicion of judgment to the thinking of the law; From the consideration of humanity to the reflection to the social morality. The rapid development of the Internet will undoubtedly bring us into the information age at the first time, has realized the rapid spread of information, interaction of resources sharing and comprehensive thought. All know that network media to promote the development of the public opinion, also seems to be realize "social effect". So, in the present, the rule of law society is increasingly perfect, is the law of promote the development of the society and progress and realize the social stability and harmony? Or social exposed the legal defects and loopholes, weak and compromise? Increasing with the development of economy, social demand, increasingly diversified value orientation, once upon a time,"the legal effect and social effect unifies" become necessary article to solve the legal conflicts; Become the method of the diversity of social and legal norms imperfect; Become the tools of control the judge discretion and maintain the stability of the legal; Has become a pursuit of justice, the slogan of defending human rights. However, the "social effect" which is corresponding to harmonious society, has brings some problems is not allow to ignore. The rule of law is the basic strategy for our party leads the people in the governance of the country, the rule of law is the basic way of the party in governing. In the report of the eighteen of the communist party of China, the State President Xi Jin ping in many important speech profoundly expounded on the major issues in the construction socialism country under the rule of law and the rule of law thinking and the way of the rule of law is a bright spot, the rule of law as a judge of thinking, the constitution and the law is the highest, which is the core of the legal way for governing and the judicial referee has important learning value and significance."Legal effect and social effect unifies" once as a judicial policy, is the guiding principle of judicial judgment or theoretical direction, rather than the method be embedded in the process of judicial judgment, also is not to replace the law stripe directly as the basis of the referee, not everybody’s denounced tools point to the judicial judge at some time. Judicial policy has a history of its existence, the value and necessity,"legal effect and social effect unifies" judicial policy used for the judicial referee also have certain guiding significance. However, the rule of law society still need stable and dependable way of thinking, the rule of law consciousness of the rule of law, rule of law, the strict law enforcement, to achieve the rule of fair and bright. First, from the historical analysis of judicial policy, deeply analyze the "legal effect and social effect unifies" put forward by the judicial policy history background, through the analysis of the function of judicial policy to reveal "legal effect and social effect" has been as a judicial policy is lack of necessary guidance function and meaning. Second, from "the legal effect and social effect" connotation and relationship of unified policy further points out the problems of the effect of two phase, and further to through the theoretical basis and system structure of Britain, the United States and China in the system structure and law, based on the analysis of the relationship between the judiciary, revel the effect of two unifies policy contradictions and conflicts; Then, based on a summary of existing problems of the "legal effect and social effect unifies" judicial policy, combining with the present Eighteen of the communist party of China’s spirit as well as the State Present of xi Jin ping series of important speech of important discourse about the rule of law, emphasizes the method of thinking of the rule of law and the rule of law is the criterion of the judicial referee activity, is time request of the strict rule of law, is to reflect public opinion and means to realize the public opinion; Finally, combining with the judicial practice, starting from the rule of law thinking and way of rule of law, the judge need to emphasize their own professional role and in the judicial referee strictly abide by the law and legal procedure, from the methodology find a solution to the problem of the contradiction between the law and reason and application of legal methodology and implement to be able to achieve strictly the rule of law, joint efforts to realize the rule of law society. Now, it is the era of the socialist democracy and socialist rule of law,"the legal effect and social effect unifies" as a judicial policy, the essence of which is:should not only adhere to the form of the rule of law, also cannot ignore the essence of the rule of law, however, in the past practice, there are too much emphasis on substantial justice while ignoring the foundations of the phenomenon of the law. Based on the "legal effect" to achieve the "social effect", the pursuit of "social effect" is essentially adhere to the implementation of the "legal effect". For direction, correct attitude, will not out of building a socialist rule of law society, can we truly realize socialist democracy.