Why is it said that the law of human affection is more majestic?

The law is reasonable, and the law is the fairness and justice in the hearts of some people, coupled with the will of the ruler, and the will of the ruler must cooperate with the state violence apparatus to implement it. Therefore, the foundation of the law is fairness and justice, and if true fairness and justice are to be in line with social ethics and morality, public order and good customs.

The relationship between law and human affection has always been said that "law is nothing more than human affection". Today's debate is that the law and human feelings are not at odds. Laws refer to the rules of conduct that are formulated by the national legislature, have a certain written form, are guaranteed to be enforced by the state power, and must be complied with by citizens.

Obviously, in this debate, we are talking about modern Chinese law. Human feelings, on the other hand, refer to the common feelings or attitudes that people share when they view or deal with something based on the standards of right and wrong that are generally recognized and observed by social democracy. To contradict is to contradict.

We believe that the law is not contrary to human feelings, which means that the laws themselves do not contradict human feelings. There are two reasons for this:

First, in terms of legislative rules, law is not a ruthless thing, it is tempered by legal workers from the physics of human feelings. Modern law is the product of people's free will and activities, and it reflects people's realistic wishes, needs, propositions and opinions. Article 6 of the Legislation Law of the People's Republic of China stipulates:

Legislation should reflect the will of the people and carry forward socialist democracy. It is mainly manifested in the provisions of statutory leniency and exemption from liability in the law, just like the justifiable defense in the criminal law, the law takes into account the circumstances in which there is a reason, is this not a human favor in the law? Chinese society is recognized as a humane society, and impersonal laws are not far away.

It can be seen from this that the law cannot go against human feelings, and the good law must be good.

It is in harmony with human feelings, not conflict.

Second, it is not the law itself that is contrary to human feelings, but the understanding of the essence of the law by legal workers. The law is not tailored to a particular case, and the "Xu Ting case", which took out more than 10,000 yuan from the ATM at a cost of 170 yuan, is very vague as to whether Xu Ting has committed the crime of theft. The law gives law enforcers a certain amount of discretion.

Law is a highly refined and abstract language, and legal workers may have different evaluations on a specific case based on different knowledge structures and personal standpoints. The reason why the first instance of Xu Ting's case caused great repercussions was not because the law itself was contrary to human feelings, but because in the process of law enforcement, legal workers had different understandings of the spirit and will of the law, which led to a violation of human feelings.

Of course, we are also looking forward to further formulating the rules of the law to make the adjudication standardized, unified, and effectively eliminate subjective assumptions and emotional judgments, but the adjudication of judicial personnel should also be not limited to stripes and words, and there should be human feelings in their hearts, which is the highest understanding of the spirit of the law! Only in this way can the ultimate role of the law be brought into play -- to save and educate the defendants, to restore the damaged social order, and to fundamentally resolve contradictions.

Human affection is not a legal term, but people's daily oral language, which should be: friendship; The meaning of affection. It contains many feelings, such as family affection, nostalgia, comradeship, classmates, hometown, superiors and subordinates.

It means that in front of the law, we must be based on the facts and the law as the criterion, and we cannot pull relationships, go through the back door, and bend the law for personal gain.

Everyone is equal before the law, and as long as they break the law, they will be punished, and there is no human relationship.

The law, of course. Generally speaking, the law does not tolerate mercy (recusal system).

The judicial department requires that cases of favors be eliminated and that matters be handled in strict accordance with the law. Of course, the law comes first.

I have interviewed many cases in which the plaintiff and the defendant have almost always become "enemies" after leaving the courtroom. Some of these people would have been good neighbors, friends, or even relatives. As a result, in my impression, as long as everything is resorted to law, then the human touch will be weakened and indifferent.

However, in the first month of 2004, I felt a completely different atmosphere in Laozhu Town, Liandu District: Chen Jinchun, the nephew of the plaintiff Fang Lantianhua, and the defendant Laozhu Town Central Primary School, who walked out of the courtroom, did not hate each other because they had faced each other in court, but understood each other and treated each other politely.

Laozhu Town Central Primary School is actually located in Laozhu Village**, surrounded by villagers' houses. It can be said that the teachers and villagers of the school are neighbors who look up and don't look down. In normal times, the villagers respect teachers and education, and the school has a close relationship with the villagers......

During the interview, the reporter was deeply impressed by the school's two practices.

1. After the old man Lantian Hua was unfortunately injured and disabled by a student on the school's playground, the village once organized mediation. The school also calmly participated in the mediation meeting and agreed to lend 1,000 yuan to the old man**.

However, the school has always insisted on resolving the matter through legal means. He said that "the school will bear the responsibility that should be assumed".

This attitude of the school shows that the school leaders have a strong sense of law and know how to use legal means to solve problems. In fact, we do not deny that mediation by village committees is an effective and convenient way. However, compared with the judicial route, the result of the latter is more down-to-earth and crisp.

2. After the judgment of the first instance was rendered that the school bears the main responsibility, the school expressed dissatisfaction and held that the judgment was unfair. Eventually, however, the school accepted the lawyer's well-intentioned suggestion that it would not appeal again.

The lawyer's suggestion is: the old man Lantian Hua has no children around him, and the economy is very difficult, even if the judgment is changed in the second instance after appeal, the school will not be able to spend a lot of money. Instead of paying a lawyer to fight a lawsuit, it is better to leave this fee for hiring a lawyer to the elderly.

Some people say that sometimes lawsuits are not fought for money, but for breath. But Laozhu Town Central Primary School did not admit this "dead reason" at this time, but swallowed this "breath" very humanely.

As the plaintiff in this case, Chen Jinchun, a hungry traveler, was specially authorized by the old man Lantian Hua, and his benevolence and tolerance also deeply moved the reporter.

In fact, as a nephew, Chen Jinchun, in the years after his uncle's death, he was able to treat his aunt Lan Tianhua, who was not related by blood, like his own mother, which already shows the filial piety of this simple farmer.

After the first-instance verdict was rendered, Chen Jinchun also decided not to appeal, although he also thought that the court's verdict was unreasonable. What's even more commendable is that when he learned that the school was also in difficulty, he took the initiative to reduce the school's 1,500 yuan ......

Although the original defendant in this case has felt that he should not be held responsible, we cannot deny that this is a very humane lawsuit.