A Study Of Moral Discourse In Judicial Adjudication

Law has been closely related to morality since it came into being.Moral discourse has always existed in the judgment as the result of judicial judgment.In the contemporary judicial judgment,moral discourse mainly exists in two forms,one is as the basis of judgment,the other is as a tool of auxiliary reasoning.However,due to the different background of the use of moral discourse,The effect of moral discourse in ancient and modern judicial judgment is also different.Due to the unity of etiquette and law in ancient China,the Confucian thought of "benevolence,righteousness,virtue and wisdom" is the orthodox social background and moral discourse is written.In the background of the society of ruling by law,moral discourse,as the basis of judgment,is essentially moral over the law,which affects the authority of the law.Legal stability and the formation of people's legal beliefs hinder the process of rule of law in China.Moral discourse can only play a role in the judicial judgment in the range of auxiliary reasoning.Moral discourse can increase the acceptance of judgment and strengthen the social effect,although the moral discourse can be used in the judicial judgment to conduct auxiliary reasoning.But its use must also abide by certain principles: must respect the legitimacy of the referee,on the premise of the need to reason,Use reasonably and reasonably,and not to exceed a certain limit.