Research On The Method Of Application Of Law Of Consequentialism From The Perspective Of The Rule Of Law

The applicable law of consequence law is an emerging research field in legal methodology.Since the 21st century,law jurisprudence has appeared in our country,and many academic works and theses about methodology have emerged.In the practice of judicial adjudication,under the premise of legally adjudicating,the referees pay more and more attention to the way of considering the consequence,and make the outcome of the adjudication more reasonable through the way of this law.On the other hand,how to correctly apply the method of applying the law of consequence has gone through a long process of development.Consequences of law applicable consequences of the connotation is relatively broad,the consequences of the "consequences" mainly refers to the specific case of the parties and the parties outside the behavior of the members of society,the consequences here are not just The consequence of the case's adjudication on the parties involved is more of a consequence of the general consequence of legal rules.Among the consequences,a large part of this article refers to "social consequences",that is,the general consequence of the law on the non-specific object of its rule is an important factor to be considered in the application of law.The consequences include both the consequences of "an established order within the law" and the consequences of "an established order of the law," while the main emphasis in the judicial decisions is that the judge must first of all make judgments according to law and secondly meet the needs of substantive justice.More conducive to the social values of the mainstream of the existing while promoting the sustainable development of the rule of law in society.The famous British philosopher,jurisprudence and economist Bentham,his most famous idea is utilitarian ethics.The theory takes the form of a consequence theory that builds the ethical evaluation of behavior over the consequences of behavior.Neil McCormick's conception of the legal consequences of legal reasoning model is designed to explain and explore a legal argument is good or bad,is acceptable or unacceptable standards,so as to judge the difficult cases in the conclusion of the conclusions of the judgment Legitimacy provides a pattern to follow.In the course of the socialist rule of law,the judiciary advocates the unity of law and social effects of art,which also includes a consideration of social consequences.When hearing a case,the judge shall judge the case according to law in strict accordance with the law and draw the corresponding referee result from the established rules of law.This is the basic requirement for building a socialist society ruled by law.However,in many cases,complicated cases can not be directly classified into the current legal norms,at this time,the limitations of the applicable law are highlighted.When certain types of legal issues are not subject to legal norms or when a certain law has serious and unreasonable consequences,judges may,in accordance with the law,be based on legal principles,legal interpretations and general provisions as well as legal loopholes when handling the case Referee justification.The main content of the application of the law of consequences doctrine has three aspects.First,the value judgments,value judgments are the organic components and elements of the legal norms.Each law has its legislative purposes and reasons,that is,the benefits to the legislature of the consequences,what is the object to be protected by law.Appropriate use of value judgments in judicial decisions is conducive to promoting the implementation of case justice.Second,interest measurement,the theory of interest measurement was originally proposed by Japanese scholars.The way the law adjusts the society is mainly through the coordination of various conflicting interests appearing in the society and the conclusion of a solution to the dispute that maximizes the interests of the people.At this moment,the process of judging the various interests of the judges appears extremely important.The third is to respond to public opinion,which is commonly referred to as the reason.Public opinion of universal justice has a direct impact on the general public's assessment of judicial decisions,which,to a certain extent,also determines the reasonableness of the outcome of the trial.The public opinion should be measured according to certain principles and strictly controlled to the extent that the principle of "judicial independence" in our country is challenged under the guise of causing "public opinion".How to Correctly Apply the Applicable Law of the Law of Consequences.First of all,we should improve the legal literacy of practitioners and shape the legal thinking of the judge's consequence theory.The judge's conception of consequenceism is the basis for improving the judge's argumentation and the obligation of reason.Secondly,the author proposes to construct the case law system with Chinese characteristics and the responsive judicial system.On the one hand,the judge can make reference to the difficult cases in the trial,which can better measure the consequences.On the other hand,it helps to make up for the loopholes in the law.The law applies the perfect legal system.