Study On The Relationship Between Legal Effect And Social Effect

Social effect is included in the legal effect in the jurisprudence,the legal effect of the function,value,purpose of law have been presented,social effect has not been listed separately.It first appeared in the official documents of the people's Supreme Court,mainly for the judge on the processing of special civil cases,required to pay attention to the social effects of the referee.At the same time stressed that the referee for the accurate application of the law is realization way of legal effect,the referee for the judicial aim and value accurately reflect social effect as expected;"A good referee should have both good legal effect,but also should have a perfect social effect." This paper adopted its about the relationship between legal effect and social effect,and that the more clearly distinguishAt present our country is in the judicial transformation in the complex background,the rules of socialism is the major premise of the construction of legal system,to social stability must be unshakable.Law,however,is relative to the development of social things with a lag,the judge in the judicial process will inevitably encounter some uncertain situation,or a temporary irreparable law loopholes,this is where the legal basis for judicial personnel possess solid theoretical foundations,full use of legal interpretation method combined with the tendency of public values,gives a good legal effect and social effect of the answer.Our country is not the case law country,by using the results will destroy the existing conforms to the situation of our country's socialist legal system,and didn't?for analysis of the results...