On The Effective Path Of The Combination Of Reason And Law In Judicial Judgment

The combination of reason and law has always been a difficult problem in judicial practice,especially in the process of judicial adjudication.Because judges must adhere to the unfairness of the law,they must also consider the reasonable factors for specific cases.Reason is the common sense that the people form in social life,and it represents the simple sense of justice of the people.If the judicial judgments only meet the requirements of the law and contradicts the public's perceived reason,then they will be difficult to be accepted by people,which will damage the judicial authority and even affect the stability of the social order.In this way,it is necessary to consider the rational factors in the process of judicial adjudication,so that it can be combined with the law,and finally realize the unification of the legal effect and social effect of judicial judgment.But how to achieve an effective combination of reason and law in judicial judgment?This paper studies the combination of rationality and law in judicial practice,and finds a relatively effective way to combine it in judicial judgment.Judging from the current judicial practice,the combination of reason and law in the referee still faces many problems.On the basis of in-depth study of the problem,we should find a way to achieve an effective combination of the rational method.Of course,we must also admit that it is difficult to find a perfect solution to achieve a seamless combination of the law and reason in the judicial judgment.After all,the combination of the law and reason is aproblem in itself,and we can only continuously explore the relatively effective path of the combination of law and reason.Regardless of the way in which the path of reason and law is combined,it is necessary to adhere to a principle that is within the legal framework,because this is the basic requirement for governing the country according to law.The content of this article,together with the introduction and conclusion,has five parts:The first part is the introduction.This part mainly discusses the research background,research value,research methods,literature review,article structure and research innovation.Starting from the traditional society,the problem of law and reason has been studied by many people,but most of them are studied from different angles,for example,from the perspective of cultural development,from the point of view of the law in a specific period.Through the research on the problem of the law and reason,the research direction established in this paper is an effective combination path of the law and reason in China's current judicial judgment.The second part analyzes the current situation of the law and reason in judicial practice.The first is to analyze the status quo of the combination of the law and reason in the judicial adjudication.Combining some specific cases to discuss the combination of the law and reason in the judicial practice,and finding out the basis for their combination in the judicial judgment,including the reality,history and legal basis.At the same time,it also analyzes the security system that combines the law and reason in judicial practice.The second is to analyze the specific problems that arise in the combination of the law and reason.The third part is to analyze the causes of the problems in the judicial judgment.There are contradictions between reason and law,the contradiction between the professionalization of judges and the public's reason,the conflict between the two roles of judges,and the deep social problems behind the case.The fourth part is the exploration of the effective combination way of the law and reason in judicial judgment.This paper studies from two major perspectives.Firstly,from a short-term perspective,it can be improved from two aspects: the application of the law and the improvement of the safeguard system.Secondly,from a long-term perspective,we can start from two aspects: strengthening legislation and improving the overall quality of judges.The fifth part is the conclusion of the article,summarizing the contents of the above articles,and reaffirming the viewpoint of this article: on the basis of adhering to the supremacy of law,the effective combination of the law and reason and law in judicial judgment.Although there are many ways to achieve effective combination of rationality and law,this article insists on starting from a short-term and long-term perspective.