The Conflict And Balance Of The Relationship Between Rationality And Legality In Justice

As a dynamic part of the rule of law,the effect of justice directly affects the level of the rule of law.Due to its essential characteristics,justice should usually be carried out in strict accordance with the law.However,due to the complexity of social reality,the relationship between legal provisions and actual cases is often inconsistent.There is a perfect one-to-one correspondence.Affected by many factors,judicial actions carried out in accordance with the law may also conflict with rationality.The "Tianyi Case" that was widely debated on the Internet in 2018 is a typical example of this conflict between rationality and legitimacy.This case is still today due to the huge contradiction between the outcome of the judgment and public expectations.The conflicts between judicial legitimacy and rationality that have been repeatedly discussed by Internet public opinion are not unique to individual cases,but are reflected in many cases that have caused widespread concern in the society.It can be said that the conflict between judicial rationality and legitimacy is an unavoidable practical problem,and balancing the judicial rationality and legitimacy is also a realistic challenge that the judicial organs and judicial judges must face.In response to the above-mentioned problems,the specific schemes studied in this thesis include the following aspects:The first is to differentiate between the concepts of judicial rationality and legality and the relationship between the two,analyze the essential characteristics of judicial rationality and judicial rationality,and propose that the two are a pair of concepts that are unity of opposites.Secondly,it sorts out the history and controversial focus of the "Tianyi case",analyzes some reasonableness and legality issues arising during the trial of the case,as well as the disputes and representative opinions of the two parties on this case,and focuses on the judgment results.,Discussed the rationality and legitimacy of the judgment in this case,and tried to analyze the extent to which the judgment in this case was reasonable and legal,and what problems existed.Thirdly,taking the "Tianyi case" as an example,it analyzes the reasons for the conflict between judicial rationality and legitimacy,mainly including the violation of judicial results and public values,and the main factor of judges,which is divided into professional quality aspects.Problems and professional ethics,as well as the real dilemma of legal lag.Finally,based on the above reasons,in order to balance the conflict between judicial rationality and legitimacy,we will improve judicial concepts,update adjudication techniques,improve the quality of judges in terms of professional quality and professional ethics,and use auxiliary methods to deal with the lag of the law.Remedy and other angles proposed a solution path.