Legalism's Dilemma And Solutions In The Criminal Hard Cases

With the establish of ‘The rule of law is the basic way of governing the country',China's rule of law has entered a new historical stage.The socialist legal system has been formed,how to effectively apply those precise legal norms has become the focus of the current rule of law in China.The life of law is that the application but not logical,It is of great practical significance to carry out a kind of legalism research in the field of criminal justice in current time.In recent years,The criminal hard cases have become a difficult problem in theory and judicial practice,The theoretical circles have made some theoretical discussions for the hard cases under the current Chinese Jurisdiction running background.But rarely in the judicial context,to explore the dilemma and solutions of Legalism in hard cases.Legalism has long been regarded as a legitimate official theory,plays an important role in the handling of the easy cases for the judge,but in front of the hard cases had become stretched.The critical path of Legalism suffered a crisis in the hard cases,The acceptability of the referee has been questioned,the results of similar cases vary widely,We need to examine the contradictory reality between the Legalism and hard cases,put forward the insights to find the solutions,provide some ideas for judges in the face of hard cases.In addition to the introduction and conclusion,this paper is divided into three parts:Part 1,The analysis of Legalism and hard cases,Based on two basic concepts of Legalism and the hard cases,Combing the connotation of Legalism,features and history,The concept of hard cases,features and he differences with related concepts.It can Provide theoretical groundwork for practical difficulties writing by combing for the author about the Legalism.Part 2,Analysis the dilemma and reasons of Legalism in hard cases,on the basis of the previous theory,combing out the legal dilemma of Legalism in criminal hard cases.And then,depth study of the theoretical roots behind it,provides a realistic material for the referee path of the Legalism.Part 3,The solutions of Legalism in criminal hard cases,in the above summed up the difficulties of Legalism in the criminal hard cases,focuses on the solutions of Legalism ‘s dilemma in criminal hard cases.I think,In the event of criminal hard cases,on the premise of legal discovery,we should based on the legal origin of the pluralism to amend the inherent norms of the norm,in the application of the method of legal interpretation,we should adhere to a flexible and legal interpretation method,overall planning,specific analysis of specific issues.At the same time,the method of applying the law of substantial justice,such as the measure of interests,finally,to strengthen the reasoning in the judgment,Using a context based approach to coordinate the whole case,It will be a beneficial attempt to revise the strict Legalism's path.