Jurisprudence And Reason In Judicial Adjudication

The combination of legal theory and common sense has always been a difficult problem in judicial activities,especially in the process of judicial adjudication.Judges must insist on adjudication in accordance with the law,but also consider rational factors for specific cases.common sense is the social morality and human feelings that people often say.It reflects people's sense of morality and has subjective factors.The law is objective.If the judge only seeks to comply with the law while ignoring the reasonable factors,it will go against the public's inner perception and not be accepted by the public.How to consider the reasonable factors while adhering to the legal and fair judgments?It is an issue that needs to be considered in judicial adjudication.The conflict between legal theory and common sense in judicial adjudication is mainly embodied in three aspects: first,the conflict between reason and ethics and the conflict of legal adjudication;Second,the conflict between daily thought and rule of law thinking;Third,the conflict between moral sensibility and legal rationality.In order to coordinate the conflict between jurisprudence and reason in judicial adjudication,the following three specific suggestions are put forward.First,Adhere to the principle of law first.When handling cases,judges should appropriately consider the factors of reason and reason within the scope stipulated by law,and play the positive role of reason and reason.Second,attach importance to the reasonable expression in the judgment.Judges should not only strengthen legal argumentation,but also pay full attention to reasoning in order to convince the public.Third,we need to improve the quality and competence of judges.The improvement of the quality of judges not only affects the rights and interests of the parties,but also plays an important role in promoting the construction of legal civilization in China.