Recommended reasons:
1: Each discipline has its own way of understanding the world and its unique logic for thinking about problems. Law is the most important part of human beings. One of the ancient professions, it also has its own systematic way of thinking. Let us look outside our own inherent model and look at the role of law in social life, what kind of identity it has, what kind of role it plays, and what kind of attributes it has.
Law is one of the oldest professions of mankind. People believe that when a person's body has a problem, medicine is needed; when a person's soul has a problem, theology is needed; and when society has a problem, To solve the problem, we need legal studies.
As a system, law has a unique way of thinking.
The darkness that depresses people's hearts
There are two stories about pears in history. One is "Kong Rong gives up the pear" that we have learned since we were young. The little Kong Rong gave the big one to the pear. Give the pears to family members and choose to eat the small ones yourself. Today's children may not feel it clearly. I lived in an era of material scarcity during my childhood. I can especially appreciate the desire for very rare delicacies. It is even more valuable to be able to give most of it to others. No wonder this story has been passed down from generation to generation. .
The other is Augustine's confession in "Confessions". He did not steal pears for eating. He only ate a few stolen pears and fed the rest to pigs - he stole pears for the purpose of eating. To get the "thrill" of stealing.
When we hear Kong Rong give up pears, we will silently feel valuable; when we hear Augustine steal pears, we will smile knowingly. Of course, we respect virtue, but there are still moments when you don’t know what is right or wrong, but you still choose the wrong thing even though you know it is wrong.
Regardless of the outcome of the debate about "human nature is inherently good" or "human nature is inherently evil", we have to admit that there are indeed dark elements in the human heart. Rather than transforming this dark element into behavior that endangers the safety and interests of others and society, this is exactly the role of the law.
Neutral third party position
Two people in the village had a dispute. After arguing and arguing, they started fighting. The injured person was not convinced and sought revenge from relatives and friends, and started again. A new round of disputes and fights started, and the cycle continued with more and more people involved in the dispute. Things had deviated from the original problem and were out of control. In order to prevent this situation from happening, both parties will find someone to deal with it. This person is usually a highly respected and experienced old man in the village. Everyone believes that as a third party, he will handle the matter with a neutral attitude and give both parties a fair and just outcome. conclusion.
This is the origin of law. Some **** knowledge formed in the maintenance of social order gradually formed habits and formed a written system in the development.
The evolution of law keeps pace with the times, but it is a neutral third party and plays a role in maintaining social order.
Appropriate instrumental attributes
Law has a strong instrumental attribute and is a powerful weapon used by the state to govern society. The tool serves the people, and the rights given to the tool are not lacking. Borderline, if too much power is given, there is a risk of subversion.
"Power" and "right" are the unity of opposites, "power" and "right" are the unity of opposites, "power" and "right" are the unity of opposites, "power" and "right" They are a unity of opposites, "power" and "rights" are a unity of opposites, and "power" and "rights" are a unity of opposites.
The concept of the rule of law has been deeply rooted in the hearts of the people. The law uses punishment as a means to draw a moral bottom line for people in society, allowing people to consciously resist the dark parts of their hearts and refrain from actions that affect others and society.
The relativity of the truth
The underlying logic of the existence of law lies in people’s universal demand for justice, and this demand comes from the grasp of the truth. The truth is sometimes clear , easy to be understood afterwards, and sometimes the truth is vague and cannot be determined.
Take the judge as an example. As the judge of the case, he cannot witness or personally perceive the events that have occurred. He can only rely on the evidence cited by both parties to construct the "truth" in the procedural sense, and then use The logic of legal rules makes the decision. As for the absolutely real objective situation, that can only be an ideal goal.
In the trial, due to the limitations of objective conditions, this "ideal" is difficult to realize, and ultimately it can only become an expectation of the public. It must be admitted that there is a gap between reality and ideals.
The key to the truth in legal thinking comes from the sufficiency of evidence. Our country’s current criminal procedure system follows the principle of “no guilt beyond doubt”. It means "Although we suspect that a person is guilty of a crime, but there is not enough evidence to prove his guilt, then at this time, he should be legally deemed innocent.
Balance between legality and reasonableness
Laws and regulations have a fixed system, and legal provisions themselves are deterministic and guiding. When lawyers think about problems, it is necessary to apply objective facts into the existing legal and regulatory system. To put it bluntly, it depends on the legal objectives. How is it implemented in your case? There is a very important principle in our country's criminal law called "the crime is legally punishable", which requires that "it is not a crime if it is not expressly stipulated in the law, and there is no punishment if it is not expressly stipulated in the law". Whether a person's behavior is a "crime" in the sense of criminal law depends on whether the law clearly stipulates this behavior as a crime.
Even if a person's behavior may be objectively harmful to society, it will not be seen by others. It is obviously unreasonable, but if it lacks the requirement of "legality", it will be convicted and punished in accordance with the criminal law.
So, isn't "reasonableness" important in justice? In practice, "reasonableness" does not matter. "Reasonableness" refers to the degree of "reasonableness" rather than the degree of "legality". In practice, judicial authorities can fully consider "reasonableness" based on their discretion. "Legality" must be the premise. At the same time, the law will make corresponding reasonable adjustments according to the development and changes of society
Adhere to procedural justice
There was once a saying about procedural justice. The legal motto, "Justice must not only be achieved, but also be achieved in a way that is visible to the people." How to understand this sentence? In an ideal state, we all hope that the trial of a case should be correct, fair, and recognized by the parties. Yes, the law calls such a result "substantial justice", but "substantive justice" alone is not enough. We realize that the process of this result should also be fair, and the parties should feel that the judgment process is fair and reasonable. /p>
If you only focus on substantive justice, you may resort to unscrupulous means. Only by combining procedural justice with substantive justice can you truly achieve a just outcome of the litigation. Therefore, when handling cases, you must follow the prescribed procedures. Only by doing so can we truly take into account the responsibilities, rights and obligations of the parties and law enforcers, and ensure the rigor and standardization of the law.
We live in a society where the law protects us, but we know very little about the law, and the law. Thinking is a very counter-intuitive way of learning. Legal thinking helps us understand the internal logic of national governance. It is still a constant game and balance between the system and reality, giving us another way of looking at problems.
"Diversified thinking" is the basic attitude for lifelong learners to understand the world. They must maintain an inclusive and diverse perspective, allowing more concepts and interpretation perspectives to survive in their own spiritual world, and finally converge in Nourish yourself together
References: Luo Xiang: "Details of the Rule of Law"
? Chen Ruihua: "The Way of Thinking of Lawyers"
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