Law And Reason Dialectical Relations And Conflict Resolution

China is a socialist country under the rule of law,the public awareness of the rule of law,want to participate in the judiciary more.Therefore,many judicial cases will be reported by the media,which will cause the hot discussion of the public on the Internet.Public opinion's attitude to the case is paid more and more attention by judicial activities.The influence of rational factors on modern justice should not be underestimated.In recent years,the causes of many criminal cases attract people's sympathy,and then cause netizens to pay attention to the unfairness of judicial trial.Therefore,the coordination of legal principle and reason is a hot topic and an urgent problem for experts and scholars to discuss.The law is the important tool of governing the country,and the good law is the premise of good governance.The rule of law in China is the rule of good law,which should contain the content of reason.However,paying too much attention to reason will damage the credibility and authority of justice.Based on the clue of the case,this paper shows that the public opinion of the case has brought great pressure on judicial activities,with the intention of affecting the trial results.At this time,it is not the law that does justice,but the public opinion that kidnaps the law.Therefore,it is very important to maintain judicial authority,guarantee judicial justice,and deal with the relationship between jurisprudence and reason under the pressure of social public opinion which is guided by reason.This paper focuses on the case of "withholding and opening" which is highly concerned by citizens.Through the analysis of the relationship between the legal principle and the emotional reason of the case,it further explains the relationship between the legal principle and the emotional reason,and on this basis puts forward the way to solve the dilemma.The first part is the introduction.Through the analysis of the background,purpose and significance of the topic,the necessity of the topic research is introduced.Then,it expounds and analyzes the research status of related topics at home and abroad,so as to pave the way for its own research;finally,it shows the characteristics of its own paper through the elaboration of the innovation points and research methods of the paper.The second part first introduces the brief introduction of the case of "Zhang buckle" andreflects on the problems reflected in the case,and then leads to the conflict between the legal principle and the emotional principle of this thesis.Secondly,through the analysis of the legal principle of the case,the author explains the controversial conviction and sentencing issues in the case;finally,through the analysis of the case,the author introduces the social rational attitude of the case.The third part discusses the relationship between jurisprudence and reason from three aspects: reason is the foundation of jurisprudence,jurisprudence is the summary and sublimation of reason,and reason makes up the value loopholes of jurisprudence.To demonstrate the dialectical relationship between jurisprudence and reason is indispensable for law.The fourth part analyzes the external manifestation of the conflict between jurisprudence and reason,and analyzes the causes of the conflict from four aspects: the basic attribute of jurisprudence and reason,the certainty and fuzziness,the way of thinking,the concept of problem,the external attribute and the characteristics of localization.The fifth part puts forward solutions to the conflicts in the third part.First of all,we should embody the legal principle from the judicial judgment and at the same time,we should take the reason as the auxiliary reason demonstration;secondly,the judge should integrate the reason into the logic reasoning process;finally,we should strengthen the people's awareness of the rule of law and strengthen the law popularization,so that the negative public opinion can disappear in the rational thinking.