The Conflict And Integration Of Justice And Law In Judicial Referees

The judge in the first instance of "Yu Huan" trial in full accordance with the provisions of the law,sentenced the party to life imprisonment but was questioned by the public.The public questioned the fact that the judgment was too heavy to be justified and that it was legitimate but not reasonable.The second trial of the case finally commuted to a lighter five-year fixed-term imprisonment.In China's traditional legal culture,feeling is the standard of value judgments of the general public.The public believes that the "Yu Huan" case was not properly handed down because of their belief that law is nothing more than human feelings and that the law must be reasonable.At present,however,it has been regarded by many scholars and judges as the culprit leading to perverted justice,and they advocate trying to avoid considering rational factors in the adjudication case.This has led to tensions and conflicts between human feelings and the law.The article starts with three typical cases,in order to draw the important issue to be discussed,that is,in a specific judicial decision,whether a judge should consider the reasoning factor? How to alleviate the conflict between the human feelings and the law,promote the mutual integration of them and realize that the social effect of judicial adjudication is consistent with the legal effect.This paper combs the relationship between human feelings and the law in general.It points out that the combination of them has its rationality and feasibility and analyzes the causes and manifestations of the conflict between them in special situations.It is pointed out can be through consideration of human feelings in the pursuit of the value of legislation,national law appropriately absorbing part of the civil law,considering emotional factors in solving disputes,and improving the skills of judges in adjudicating cases to alleviate the conflict.