On How To Implement The Unity Of The Legal Effect And Social Effect In The Judicial Trial

Legal effect refers to the judge in the judicial practice with the judicial idea of "law is supreme",judicial decision strictly in accordance with the law,the sentence having a legal basis,the verdict in accordance with rational spirit and value of the law,implementing the legislative purpose of legislators,and maintaining the unity,certainty and authority of the law.Social effect refers to the judge making laws ought to be turned into reality by applicable law,the verdict in line with ordinary people's psychological expectations,the concept of fair and just,the mainstream of social values and the interests of the whole society.Social effect emphasizes the verdict getting not only parties to an action but also the social from all walks of life and people's general approval,and having a positive impact for the parties of the future and even the society as a whole.Legal effect and social effect is the relationship between the unity and opposites.The contradiction between legal lag,abstractness and volatility,the concreteness of social material life is objective cause of legal effect antagonistic to social effect.The judge mechanically copying laws and not considering the rule of law are the subjective cause of legal effect antagonistic to social effect.The legal effect and social effect are not only mutual contradictory but also unified.Legal effect is the foundation of social effect.Social effect is the goal of legal effect.Legal effect and social effect are unified on the basis of the judicial practice.The legal explanation is the connection of legislative purposes and judicial purposes.Legal interpretation method is effective in realization of unification of legal effect and social effect.Legal interpretation method is the bridge erecting unification of legal effect and social effect.Legal interpretation method,especially "purpose's explanation " and "social explanation",can overcome the stiffness of the law,make the judge' sentence has a legal basis for specific cases,ensure that the verdict is in accordance with reason,spirit and value of the law,implement he legislative purpose of legislators,meet the needs of social development.Simultaneously legal interpretation method makes the verdict conform to the ordinary people's psychological expectations and the concept of fair and just,has a positive impact on the parties and society for the future,thus realizing the unification of the legal effect and social effect.When the judge encountered some new or complicated cases and the legal rules "can not" be applied,that is that there is a legal blank when a judge is in the trial of a case,or the application of the legal rules leading to obvious injustice and having a negative social effect in a specific case,the judge should apply the principle of law as the basis of judgment,thus making judgments in accordance with the spirit and value of the law,and the psychological expectation of the common people and the concept of Justice,thus realizing the unification of the legal effect and social effect.