Optimization Of The Relationship Between Legal Effect And Social Effect In Judicial Practice In The New Period

The relationship between legal effect and social effect is not only a problem of theoretical definition,but also a problem of judicial practice.To grasp the relationship between the two should be distinguished from different perspectives of theory and practice.The theoretical relationship between legal effect and social effect is based on textual interpretation,combined with purposive interpretation to consider.The two effects are essentially stability and flexibility in the legal order,so although they inevitably show contradictions and tensions,they are also conceptually unified.From the perspective of judicial practice,in order to maintain the unity of the two,we must try our best to resolve the contradiction between the two in practice,and realize the optimization of the relationship between legal effect and social effect.This article is from the above issues,combined with the background and situation of the rule of law work in the new era,aimed to explore the relationship between legal effect and social effect in judicial practice optimization.Firstly,this paper gives a relatively objective definition of the concept of legal effect and social effect through the application of various explanatory methods.In has been clear about the legal effect and social effect of the subjective purpose,predictability,on the basis of such traits as defined legal effect as a judicial referee law stability,the realization of the judicial referee’s strict laws,social effect is the real justice in the judicial referee may be the implementation of the degree and the public acceptance.Secondly,through the analysis of the rule of law thought of New Xi Jinping in the new period,the new requirements of the rule of law theory on the legal effect and social effect are clarified.It also sorts out the new situation and basis for the legal effect and social effect provided by the achievements of the rule of law construction.It establishes the specific direction of optimizing the relationship between legal effect and social effect in judicial practice:to adhere to the priority of legal effect and strive to maximize the realization of social effect.Then,under the guidance of the theory of communicative behavior,the theory of judicial effect balance and the theory of legal thinking,the paper sorts out the difficulties faced by the optimization of the practical relationship between the two effects.Finally,the paper puts forward corresponding measures to solve the above difficulties,including:the role of the participants of each lawsuit,the exercise of legal interpretation right,the definition of the standard of the application of legal principles,the part of the judgment reasoning should be used in daily language,and the construction of the legal elements in the knowledge background,especially the part of the spirit of law.Through the above analysis and demonstration,the article provides a relatively clear framework for the relationship between legal effect and social effect,that is,to distinguish the relationship between theory and practice of the two.At the same time,the relationship between legal effect and social effect in judicial practice is viewed from the new perspective of various theories,and the possible countermeasures and suggestions are given.