The Emotional Strategies In The Operation Of The Rule Of Law

Although the study of "law and emotion" has not been paid attention to by the academic circles,but in the late 20 th century,after integrating the knowledge of psychoanalysis and other disciplines,emotion was gradually seen in the law.The first chapter traces this process.Different from the traditional dualistic view of reason and emotion,Slote points out that emotion itself has a dualism,which includes the control and acceptability of reason.Compared with the western mainstream rationalism,this view is more realistic and humanistic,which is consistent with the traditional Chinese concept of reason and law.The emotional choice,reflection,evaluation and effective methods of the multi subjects in the operation of law can be summarized as emotional strategies.Through the rhetoric technology of legislative language,the deep emotion behind the legislative language is expressed.The second chapter points out that this emotion should be the unity of legislator’s emotion and social emotion.The democratic form in our country’s legislative process reflects the convergence of legislators’ emotion to social emotion.The legislative process is to gather the people’s will and ideas,and rise to the will of the country.According to the actual needs of reform,development and social stability in the new era,as well as the actual needs of improving the law,good law and good governance,we should improve the emotional convergence ability,and improve the scope of social emotional convergence in the legislative process.In law enforcement activities,there will be fierce conflicts between the power of law enforcers and the rights of law enforcement objects.In China,various policies have been issued to reflect the warmth of the law enforcement field,such as the first violation of the system,the exemption list system,off-site regulatory measures and so on.The third chapter points out that from the perspective of law enforcers,they are supposed to show the warmth of law enforcement from three aspects of law enforcement value pursuit,law enforcement methods and law enforcement relief ways;from the perspective of the public,law enforcement should fully respond to civil rights and conform to the emotional laws of the public.Under the traditional mode of court trial,the requirement for judges is to be a judge who has no emotion to do with anger.In 2019,the Supreme People’s court proposed the goal of one-stop diversified dispute resolution and litigation service system construction,which brings the non litigation dispute resolution mechanism into the judicial framework.In the fourth chapter,on the one hand,judges should restrain their emotions,avoid the influence of public opinion,maintain neutrality,take facts and evidence as the important basis,and take law as the judgment criterion;on the other hand,they should also pay attention to improving the judge’s ability to use the strategy of emotional tolerance,so that more disputes can be solved in the bud by non litigation means.The people’s demand for the rule of law puts forward higher requirements for social construction,and the reason for abiding by the law can be to make the social emotion achieve balance.The fifth chapter discusses that the three traditional theories of law-abiding reason,compulsion theory,commitment theory and utilitarianism theory,are also based on some kind of justice emotion.