Research On The Justification Of Reason As The Basis Of Criminal Trial

In traditional Chinese law,the reason has always played an indelible role.Judicial officials and judicate cases are not only to "introduce the law",but also to"justify the reason" in order to achieve the balance between sentiment and law.In recent years,China is in a period of social transformation,and many criminal cases have been heatedly discussed by the media.Public opinion have produced inconsistent results due to the application of reason and application of law.In the case of Yu Huan,a rock was stirred up by thousands of waves,which greatly aroused the attention of the public and academia on the consideration of reason in criminal trials.How to take into account the reason without violating legal principles can be described as a difficult problem for the judicial authorities to solve.The concept of sentimentality is an important representation of the substantive and rational way of cognition bred by China's traditional legal culture,and it has profound cultural foundation in China.Since the ancient times ruled by Confucianism,"reason","national law",and "human feelings" were the most important factors in legal life.Today,it still deeply affects the Chinese character and way of thinking,and it has become a judicial case for hearing cases.There is no need to follow the process deliberately.The unique concept of "parental official" bred by the patriarchal ethical society and based on the blood relationship in our country determines that ancient judicial officials were not only the referees who settled the disputes,but also committed themselves to the common people through the trial of cases.Ancient people's vigorous pursuit of the way of neutralization was specific to the judicial judgment,which was to reconcile the relationship between emotion,reason and law,and ultimately achieve a harmonious picture of the rule of law.The application of Chinese traditional legal culture to reason contains valuable and unique governance wisdom,which has enlightening significance for the practice of criminal justice in contemporary China.The application of reason in contemporary criminal trials meets the requirements of substantive justice,satisfies the judge's need to exercise discretion,and greatly enhances the acceptability of criminal judgment.At the same time,type thinking provides an interpretable space for reason to enter the criminal trial.It can be said that the application of rational factors in criminal trials can better achieve the unification of social effects,legal effects,and political effects of criminal trial results,balance the tension between public opinion and the judiciary,and coincide with our country's goal of pursuing justice.The history of the development of law shows us that sentiment and reason are injected into the law,and the reason and law are coordinated with each other and grow together,which is the only way and inevitable requirement for social evolution.But we should also recognize that the scope of application of reason must be limited to a certain range,and its application cannot exceed the legal principle of crime and punishment,nor can it become a justified basis for "media trial".