Skilled in achieving fairness and justice through the organic unity of legal principles and emotions
2024-05-31
Based on the law, we must strictly abide by the law and impartially administer justice; To persuade people with reason, one must be knowledgeable and explain the truth clearly; To move people with emotions, one should "speak as I am" and empathize with others. Since ancient times, China has had concepts such as "following the principles of heaven in litigation", "listening to the principles of reason", "understanding the principles of law", "enforcing the original feelings of law", and "allowing the emotions of law". It advocates for the "law heaven" relationship of natural law and law, the "law etiquette" relationship of giving gifts and entering punishments, and the "law situation" relationship of law not exceeding the emotions, and emphasizes the balance between natural law, national law, and human emotions in case resolution. Being adept at achieving fairness and justice through the organic unity of legal principles and emotions is the inheritance and development of China's excellent traditional legal culture, and is an essential aspect of judicial fairness and justice in the new era. The performance of procuratorial duties in handling cases takes into account natural principles, national laws, and human relationships, which actually means achieving an organic unity of political, legal, and social effects. "Tianli" is the overall interests of the country and the fundamental interests of the people. The handling of cases conforms to "Tianli", and the "political effect" is within it. "National law" is a national law that strictly and impartially applies the law, emphasizing the "legal effect". "Human sentiment" refers to social sentiment and public opinion, which conforms to the simple and just views of the people, and is actually "social effect". In the specific handling of cases, it is necessary to correctly apply the procuratorial power, strive to seek the "maximum common divisor" of fairness and justice within the legal framework, achieve the compatibility of crime, responsibility and punishment, and the unity of legal principles and circumstances, effectively achieve fairness and justice in the organic unity of legal principles and circumstances, and strive to make the people feel fairness and justice in every judicial case. Compliance with legal regulations should be regarded as the most basic requirement. The Criminal Procedure Law, Civil Procedure Law, and Administrative Procedure Law, as well as the Organization Law of the People's Procuratorate and the Prosecutor's Law, all clearly stipulate that "facts shall be the basis and laws shall be the criterion.". The procuratorial organs, as the national legal supervision organs and the judicial organs that ensure the unified and correct implementation of national laws, must always tighten the string of "strict law", take the lead in adhering to the rule of law thinking and methods, and follow the legal provisions and spirit of the rule of law. In the performance of procuratorial duties and case handling, they must implement the principle of "based on facts and laws", strictly handle cases in accordance with the law, and maintain fairness and justice. We need to integrate socialist core values into legal supervision. The socialist core values are the core of the socialist core value system. Actively cultivating and practicing the core socialist values is of great significance for consolidating the guiding position of Marxism in the ideological field, consolidating the common ideological foundation for the unity and struggle of the whole party and the people of the country, and gathering strong positive energy for building a strong country and national rejuvenation. In recent years, the procuratorial organs have vigorously promoted the socialist core values by combining specific case handling. For example, the vice dean of a certain college sexually assaulted a minor girl, and the girl's father was so angry that he beat her up as a minor injury, which was suspected of committing a crime. After comprehensive consideration, the procuratorial organs decided not to prosecute the attacker who committed the assault with a valid reason, a minor circumstance, and voluntarily surrendered in accordance with the law; Supervise and file cases of molesters who have only been administratively detained, hold them criminally responsible in accordance with the law, and demonstrate the judicial power of unifying legal principles and emotions. Prosecutors should consciously integrate socialist core values into the performance of their duties, handle every case with high quality and efficiency, lead the trend of social rule of law, strengthen people's belief in the rule of law, and continuously promote the internalization, externalization, and education of socialist core values in their hearts, actions, and the public. We must strive to make fair justice resonate with the scale in the hearts of the people. Fair justice is the last line of defense to maintain social fairness and justice. Each case not only concerns the immediate interests of the parties involved, but also embodies the strong expectations of the people for fairness and justice. The evaluation of fairness and justice involves both objective standards and subjective feelings. The main body that perceives fairness and justice is the people, not just judicial personnel who say fairness is just. We should prioritize the feelings of the people. The procuratorial organs should always adhere to the original intention of serving the people and the focus of judicial fairness, so that fairness and justice can be truly felt and accepted. To achieve fairness and justice through the organic unity of legal principles and emotions, it is necessary to achieve the principles of legal unity, rational inclusion, and emotional integration. Only by adhering to the principle of putting the people at the center, deeply practicing the concept of "as I am suing", explaining "legal principles" with righteousness and righteousness, guiding and explaining "facts and principles" in a step-by-step manner, empathizing with and explaining "emotions and principles" thoroughly, and using emotions and methods to handle every case with high quality and efficiency, can the people truly feel, feel, and feel fairness and justice. (Lai Xin She)
Edit：Ying Ying Responsible editor：Shen Chen
Source：jcrb.com
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