The Justice Of Individual Cases Under The Integration Of Common Sense,Reason And Law

The justice of individual case sentencing is not only a profound philosophical speculation and torture,but also an important problem in judicial practice.The way to realize the justice of sentencing in any case should be the cognition of "meta-problem" of "what is the justice of sentencing in a case?" as the theoretical basis.In China,it has become a common consensus that sentencing is a step after conviction,so the factors affecting sentencing are usually analyzed only from the stage of sentencing that the analysis of the factors affecting sentencing justice is too one-sided and superficial,which cuts off the natural link between conviction and sentencing artificially.This article regards sentencing as a dynamic link from conviction to sentencing.Under this understanding,the factors affecting sentencing justice are analyzed from different perspectives,and the local factors affecting sentencing justice of individual cases are tried to transcend.From a more macro perspective of the influence of the alienation of China's modern rule of law,the paper examines the internal reasons affecting the justice of sentencing of individual cases,puts forward the concept of "Integration of Common sense,Reason and Law",and strives to explore the realization of justice in case sentencing under the guidance of this concept.Generally,this paper follows the argument of "what,why,what to do",namely," what is the justice of case sentencing","the impact of the case for sentencing justice" and " how to realize the justice of case sentencing".From this point of view,the essence of the grand proposition of the integration of common sense,reason and law is immersed in the perfection and deepening of criminal justice practice in China.The thesis is divided into four chapters except the introduction.The first chapter of this article what is the individual case sentencing justice is the logical starting point of this thesis.From the nature of sentencing to the definition and connotation of justice and the understanding of sentencing justice,the purpose is to clarify the implication of sentencing justice in individual cases.The second chapter of this paper analyzes the factors that influence the justice of sentencing for individual cases.Firstly,it analyzes the factors that influence the justice of sentencing for individual cases respectively from the aspects of conviction and sentencing.Subsequently,from the alienation of "rule of law",which is the influencing factor beyond the link of conviction and sentencing,the paper extends the way of individual cases sentencing justice by integrating common sense,reason and law.Chapter three has three sections: the definition of the basic meanings of "common sense","reason" and "law".The basic relations of "common sense","reason" and "law";A new interpretation of "the integration of common sense,reason and law".The fourth chapter is to explore how to integrate the concept of common sense,reason and law into the practice of criminal justice to realize the justice of individual cases.