Analysis On The Application Of Logical Thinking In Civil Trial In Contemporary China

With the prevalence of money worship now,traditional ethics seem to have become less important and people’s spiritual world has begun to barren.Their desire for materials is so unprecedented that they have been abandoning their original faith and gradually forgotten the basic ethical requirements.According to analyzing Chinese traditional social judicial cases,the author attempts to indicate the process and the method about how reasonable thinking is applied in Chinese traditional justice as well as its rationality of application.Meanwhile,the thesis aims to seek the historical origin and legal basis for the application of Reasonable thinking in judicial practice in contemporary China;it is also to affirm the necessity of its application in civil trial.By classifying cases relevant to ethics,the thesis will introduce the ethical dilemma that the stuff would be presented with in civil trial.Legal and moral conflict on certain issues would result in deviation of the judicial practice from traditional ethical judgment.The Peng Yu case is such an example,which has produced such negative social effect that it has seriously damaged the law’s image of being fair and just in people’s mind,and caused great damage to the public credibility of the judiciary.There are often different judgments for the same case,so it is in urgent need to ensure the suitable dimensions of reasonable thinking in civil adjudication.Based on the analysis of how reasonable thinking is applied in the civil trial and its obstacles,the thesis will propose the theory from the application of reasonable thinking to the trial method by distinguishing local society and civil society;it intends to explore the practice and breakthrough of Reasonable thinking’s application in contemporary judicial on the premise of sticking to the Limited Principle,the Principle of Legality Review,and the Final Relief principle.The main methods employed are listed as follows.On the entity level,great effort is made to seek the room of statute law for Reasonable thinking by the principle of public order and good customs,and the principle of honesty and credit.On the level of procedural law,with the grand jury system being applied,Reasonable thinking of the juror being used to confirm the face of the case,and people’s sense of justice and intuition being introduced into the judicial process,the breakthrough of introducing Reasonable thinking into civil trial will be found sooner or later.In the process of judicial writing,“the judge language” can make up the disadvantages of formative sentence in terms of Reasonable thinking and can soften the severe trial results.In the final procedure,Reasonable thinking helps to narrow the gap between the parties and the judge,providing the possibility that the parties would like to accept trial results.