Research On Moral Discourse In Judgment Reasoning

In the process of making China legalized.The law and morality have been keeping a complex relationship for a long time.No matter it is in the process of making law or the process of process of law application,the morality has an obvious influence on judicial activities.For the judgment as a product of judicial activities,the moral discourse also has an obvious influence on it.In the ancient judicial activities,moral is a standard of conviction and sentencing,it is a main basis on judgment for judger too.In the recent years,it has been an universal phenomenon that the moral discourse using in the judicial judgment which has attracted the publics and scholars attention.In France and U.S.A those legal system county,the moral discourse using in judicial judgment also is easy to see.This paper will do a systematic analysis on moral discourse on judicial judgment by case analysis,empirical analysis and comparative analysis based on the theory of socialist law with Chinese characteristics.It also is that well understanding that the moral discourse has influence on the independence and fairness on judicial law which will enlarge the discretion of the judge and stripping the legal moral humanly,and also will analyze the realistic meaning that the moral discourse can improve the credibility of the judicial law and improve the ability of the judge for justices,it also can promote the reasonableness of the verdict.Because using the moral discourse is good and bad,so we need attach more importance to the degree of using moral discourse on judgment and saying reason.On the basis of acknowledging the position and role of moral discourse in saying reason on judgment,doing analysis on moral discourses principle and manner from theoretical field.Offering a reference resource of making the moral discourse using better in judgment and reasoning.