How to correctly handle the law and human feelings?

In the history of China, human feelings used to be a special form of interpersonal communication and social exchange in China's ethics. It is a kind of interpersonal relationship structure and ethical spirit derived from China's family ethical spirit, which has both profound nationality and certain universality. As Yu Ronggen said, in the traditional culture of China, "human feelings" sometimes refer to private affairs. At this time, it is derogatory to say that "human feelings are greater than the king's law"; However, in a series of relationships among justice, national law and human feelings, human feelings mainly refer to people's feelings and hearts, and are the corresponding concepts of people. In this case, it is a compliment to say that "the law obeys human feelings". [1] In contemporary society, human feelings are a widely used and complicated concept, which can refer to feelings and friendship between people, as well as "face" and "dignity" in social life.

We talk about human feelings by law, and our understanding of human feelings cannot be divorced from history and tradition. Human feelings in the sense of "human feelings" are just an affair at first, focusing on an individual and gradually thinning with the expansion of the reach of relatives, friends and acquaintances. This is the psychological basis of China's ancient ethical thought of "loving the poor", so human feelings in this sense must have the characteristics of individuality and subjectivity. However, when every "event" starting from an individual can coexist in a specific range and can understand and respect each other, that is, when every individual can "care about other people's events" like his own, human feelings at this time refer to "humanity" or "universal humanity", which has a certain range of publicity or universality. Human feelings in this sense can also be understood as "sense", "people's feelings", "people's feelings" or "public opinion". This is the "human feelings" mentioned in this article.

Of course, in real life, people often establish interpersonal networks with people with specific identities and positions, which makes the interpersonal relationships intertwined with economy, politics and power more complicated. In litigation practice, there are still many "human cases" and "relationship cases" that affect the judge's fair judgment because of power relations or human relations. This kind of human feelings will not be discussed in this paper, because at this time, "human feelings" have already had the value of political and economic exchange beyond the spirit, and are no longer human feelings in a purely ethical sense.