How to imagine justice
February 01, 2024 10:22 Source: "China Social Sciences", February 1, 2024, Issue 2828 Author: Chen Hongjie

When we look at it from a distance or imagine the law,Various idealistic conceptual pictures may appear in the mind: law is freedom、Guardian of rights and order; law is a delicate design、Logic -intensive artificial machines; law is rational、The incarnation of authority and justice ... But,When the law goes out of the conceptual world,With its irresistible logical power and institutional inertia enters our life -saving real world,When touching the love and hatred we can't let go -we often find out,It can’t settle like the emotional demand and spiritual sustenance of justice as I imagine。

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In the "legalization" society where law occupies a dominant position,Self -developed social life logic and increasingly strict legal network inevitably exist in tension。The movie "Qiu Ju's Lawsuit" describes such a potential conflict。Qiuju's husband and the village chief have argued,Under the impulse, you do n’t choose words,Suggest of the village chief descendant (only four daughters in the village head)。Village chief is embarrassed and angry,I kicked a few feet towards its lower body。Qiu Ju thinks,My husband is wrong first,The village chief kicked a few feet out of breath.,But "Can't play in the place where the life is terrible"。She will ask for a "statement"。But,On the design and arrangement of formal legal norms,The institutional bet365 live casino games space that can not correspond to this "statement"。This has led to a serious misalignment of the operating logic of legal extension and justice.,instead of the "terrible place" that Qiu Ju cares,。

The follow -up development of the story,​​It also reflects the dramatic conflict of life logic and legal logic。Although there is such a grudge,But when Qiu Ju is in a crisis of dystocia,Village chief applied to help,Come from the man in the night of the snow -levating mountains,Send Qiuju to county hospitals for dozens of miles away,Bare mother and child peace。According to the simple concept of social justice,"The Grace of Life" is enough to offset the fault of "kicking"。So,Qiuju and her husband actively ask for reconciliation from the village chief's family,Invite him to drink full moon wine,The village chief also puts down the gap to go to the banquet。But the plot at this moment has a turning point: identification,Qiu Ju's husband's rib damage constitutes a legal minor injury,The village chief must be detained administrative。The news that the village chief was caught,Qiu Ju chased all the way to the village,But I only see the far away police car,Her face was confused: "How did you catch people,I just want to say。”

Self -centered on the law,and also has its own logical self -consistent and formal reasonable system justice,We need to ask for a prudent question on the position of society: "What kind of justice? Which reason?" The mandatory intervention of the law will undoubtedly damage the long -term game between members of the community、Social relations network Bet365 lotto review that depends on each other。

Liu Zhengqiang discovered,National legal machines in order to ensure their own logical gears so as not to fall into the quagmire of social complexity,Often, it is often through a mechanism similar to dried clothes dried machine,Filter the legal elements of social facts。By shielding morality、Customs、Social relations and value judgment of social relations other than laws such as human affairs,Reconstruction of a highly abstract and formal legal relationship context,to ensure its own dominance and control of the legal field。

Back to the "Qiuju Lawsuit" movie narrative,According to the perspective of social ethical relations,For the village chief first "kicking" and then "saving people",It should undoubtedly be a overall evaluation in the event process to "cover the coffin"。and the "dried" mechanism that dealt with social issues based on legal treatment,The behavior of the village chief is artificially cut into a dual legal relationship with each other,Therefore, formality is given to legal sanctions。

  The law is involved in life in accordance with "the justice of imagination"

When the law is inertia for its strong institutional institutional,"Filter", "Black", "Cutting", "Drying" and "Reconstruction" for the social life facts that entered the perspective of its evaluation,Even if the logic of the law and people's usual understanding are different,I can still intervene in life according to its "imagination of justice"。

In 2016 "Zhao Chunhua's illegal holding of guns",Zhao Chunhua, who is over half a year old, runs a balloon shooting bet365 live casino games stall in the scenic area,Keep this for living。There are more than 20 stalls similar to shooting in this scenic area,Scenic Area Management Department charges a 500 yuan stall fee from each stall owner every month,Zhao Chunhua's stall is taken from one of the stall owners for a transfer fee of 2,000 yuan。In the special operation of the "Treatment of Gun" in the Tianjin Public Security Bureau,A total of 13 stall owners, including Zhao Chunhua, were investigated and dealt with。9 guns at the Zhao Chunhua booth,6 of which are identified as guns with compressed air as the power。The court of first instance thinks,According to the national gun management system,The defendant Zhao Chunhua illegally holds a large number of guns,serious plot,It has constituted illegal crime of holding guns,It is sentenced to three years and six months in prison for it。

In terms of "legal compliance" self -understanding,Zhao Chunhua follows our reasonable expectations that ordinary people can recognize,and the generally recognized experience rules。She obtained the so -called "gun" method,It has not exceeded the "normal path" of "social resources" in conventional cognition and daily interaction in ordinary people。The referee of the case was questioned and was questioned。Chen Xingliang thinks,The guilty judgment of the court,Although it is self -consistent at the level of pure legal logic,But obviously contrary to the general cognition of common sense and the public。So,Although the court in the second instance insisted on guilty judgment,but also considers the bet365 Play online games subject's subjective malignant appropriately、Personal danger、Confession attitude and regret performance,Study punishment as appropriate and apply probation。

"Fairness and Justice" should be recognized by the people

The justice of the law cannot be just a monologue of power,It is necessary to implement it in the interchange viewing angle between the subject,What is "fairness and justice" to form a "cross consensus"。Generally speaking,"Fairness and Justice" should be recognized by the people。

On the one hand,The law cannot be immersed in the concept world that is self -centered,Can't just treat society as a standard or regulatory object。"The Confusion of Qiu Ju"、The encounter of Zhao Chunhua and the phenomenon of "public opinion trial" existing in recent years indicate,The law should be used in a high form of formation or even "de -living" to express justice,It is difficult to establish the necessary emotional connection with the people。Laws that lack the ability of "empathy",I can only hold the subjective imagination of justice,It is difficult to play the actual role。

Su Li when analyzing the legal dilemma faced by Qiu Ju,I proposed a view that was slightly "non -mainstream" at the time。He thinks,From the actual needs of legal response to social diversity,"The power to define the rights and establish a right to protect the rights should be decentralized,In the case of possible conditions, consider more preferences of the parties,Not based on a doubtful universal eternal truth, "。Looking back now,Su Li's theoretical insights on diversified power and decentralization of law Bet365 app download may be more worthwhile than he has long been labeled "rule of law and its local resources"、Play。Wu Yingzi thinks,The trend of the current legal solution mechanism is to follow the principle of procedures,Provide "customized justice" for multiple judicial needs。,With the gradual implementation of judicial participation and judicial democracy,In the future, you may be able to further deepen the judicial decision mechanism of the facts and the law of law,With a legal dialogue between a diverse subject,Realize the justification of "regeneration activation" in the legal field。

On the other hand,"Efforts to make the people feel fair and just in every judicial case,It is also required that the legal system can carry out effective value output for the society。This requires the production and symbol of symbolic capital,Converting the justice of the law into a symbolic narrative that can effectively capture social imagination。Wang Haizhou thinks,The most important challenge is,"Can it be unable to hinder the shaping of the symbol and the construction of the symbolic system with the will of the recipient"。To achieve this purpose,In the field of legal communication,It is necessary to ensure that all relevant people have an opportunity to open an equal and open opportunity,Come and participate in the symbol of constructing justice。Only this,can it promote participants from all parties to form a cross consensus,and the "fairness and justice" that the law maintained by the law is recognized by the people。

 (The author is a professor at Shanghai Judicial Research Institute of Shanghai School of Political Science and Law)

Editor in charge: Cui Bohan
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