Conflict And Balance Of Emotions And Laws

Chinese modern society is ruled by law, which means ruling the country by lawis the basic policy of our party. Although the legal system with Chinese characteristicshas been formed, it is inevitable to crop up some problems in the process of enforcingthe law, such as the conflict of emotions and laws. First of all, this thesis explains theimplication of emotions which means personal considerations and conditions of thepeople and of laws which means judicial judgment. According to the article, not onlyare emotions and laws well integrated with each other, but also are mutual exclusive.In the second, according to the case of judge’s rural father and Liao Dan, the articledebates the internal logic of conflicts between personal considerations and laws, andbetween conditions of the people and laws. In the third, this thesis thinks that humannature, traditional legal culture, legal environment, general mood of society canexplain this kind of phenomenon. In the fourth, I analyze emotions both has positiveimpact and negative impact on laws, which means that emotions can defend laws andalso obstruct justice leading to the increased cost, bearing moral pressures, and falselaw enforcement. Lastly, I balance the conflict of emotions and law using legalmethodology, method of uniting legal effects and social effects.Through analysis the article conclude that, although there are somecontradictionsbetween emotions and laws，they are inextricable in the formulating and operating.Therefore, for more refined legal system construction and social equity and justice,we should find out the causes of the conflict. Finally, we should explore better waysto balance the conflict making emotions play much more positive active rolesreplacing negative ones.