The Jurisprudential Thinking On The Application Of Law In Judicial Trial

In today’s era,the CPC’s theoretical understanding and practical exploration of socialist rule of law has risen to a new historical height.The Party Central Committee attaches great importance to the overall rule of law,and the construction of a socialist country ruled by law has made historic achievements.At present,China has formed a socialist legal system to adapt to the modernization construction.At this time,how to ensure the correct application of the law has become the most important problem in the construction of the rule of law.The retrial of Zhang Wenzhong’s case is the first case in which the Supreme People’s court corrects the cases involving the wrong or wrong of the property rights according to law under the background of comprehensively promoting the rule of law and strengthening the protection of the property rights and the rights and interests of entrepreneurs in the new era.From the guilty judgment in the first and second instance to the acquittal judgment made by the Supreme People’s court in the retrial,the resulting change of judgment also reflects the brilliance of legal justice and the balance of various practical factors,which contains the knowledge of jurisprudence and judicial ideas that deserve our consideration.Focusing on the case of Zhang Wenzhong,this paper studies the application of law in the judicial trial,The overall framework of the article mainly includes five parts.The first chapter is the introduction part,which mainly introduces the social background,the background of the case and its research significance in theory and practice,the overall route and method of the research.The second chapter focuses on the fact finding part of the case of Zhang Wenzhong by the Supreme People’s court,and combs the specific fact finding from three aspects: fraud,unit bribery and misappropriation of funds.The third chapter focuses on the analysis of the jurisprudence behind the retrial of the Supreme People’s court,mainly from the legal interpretation and legal interpretation methods,the relationship between the law and Reform in the transition period,the causes of the conflict of legal values and the countermeasures to balance.The fourth chapter deeply excavates the typical case value of the Supreme People’s court in the retrial of Zhang Wenzhong’s case,and discusses how to perform the judicial function to enhance the judicial protection of property rights,so as to improve the judicial effect,achieve social stability and stable and healthy economic development.The last one is the conclusion,which makes a brief summary and Prospect of the whole paper.This paper analyzes Zhang Wenzhong’s case from the perspective of jurisprudence,and studies the jurisprudence connotation of Zhang Wenzhong’s case in the retrial decision of the Supreme People’s court and its reference significance for judicial trial activities,which is different from the current research in the field of criminal law.This change of perspective is not only a simple change in the classification of law disciplines,which can inspire us to have more profound discrimination and consideration in many aspects,so as to expand our thinking and broaden our vision.There is still a long way to go in China’s judicial reform.The collation and summary of this paper is just a jurisprudential thinking around the typical case of Zhang Wenzhong case,in order to provide a new idea for China’s current judicial trial and legal practice.