How to realize the organic unity of legal effect and social effect in case handling

"The unity of legal effect and social effect" is the eternal theme of justice. In the case of how to reflect the organic unity of legal effect and social effect, is an important issue in front of each of our judges. The legal effect of the case, refers to the people's court in accordance with the law on all types of cases for trial, and the correct application of the law on the case of the social relationship between the implementation of the law to measure, evaluate, dispose of the consequences. In a nutshell, the legal effect means that the court handles the case in strict accordance with the law. The legal effect of the case is the starting point and destination of the court's trial work. The legal effect of the case includes both procedural and substantive connotations. First, the trial procedure must be legal and fair. The key is to be strictly in accordance with the provisions of the law, all litigation activities into the law, open, standardized track; second, the trial entity must be fair and reasonable. Substantive adjudication should be clear facts, sufficient evidence, and accurate application of the law. The social effect of handling cases means that the people's courts, through the trial of individual cases, make society know, understand, agree with and support their decisions, so as to complete the social recognition of the legal evaluation. The scope of social effect is very wide, including: political effect, economic effect, cultural and moral effect and so on. This is the people's court trial work of a higher level of pursuit. On the issue of legal effect and social effect, trial practice often encountered two extremes. One is part of the trial staff can not correctly understand the application of the law, the law as unchanging or must have the only answer to the dogma, resulting in the one-sided pursuit of legal effect and mechanical application of the law caused by the disconnect between the legal effect and social effect. The other is to disregard the basic requirements or reasonable meaning of the law, or even to ignore the provisions of the law, so that the law is subordinated to the immediate needs or the needs of a particular person at the whim of the law. Both extremes are not conducive to the unification of legal and social effects. As we all know, the purpose of the existence of the law is to seek the welfare of society, the judge as the weighing of social interests of the engineers is to use the law for the welfare of society, if the emphasis on the law without considering the application of the social effect of the law, the existence of the law will lose its original intention. Therefore, the application of the law can not be mechanically rigid, must have the flexibility, and even in special circumstances, in order to pursue the social effect of the application of the law, the application of the law can be adapted to make up for the loopholes and deficiencies of the law. But this does not mean that the name of social effect can be used to do whatever you want, do whatever you want, the judgment of the social effect is an objective standard, this standard is not that a person's subjective judgment, but the majority of people believe that the social effect of the social interest and the interests of the public ****, just as Cardoso said: "in these matters really counts is not what I think is right, but what I have reason to think is right, but what I have reason to think is right. but those things which I have reason to think other people of normal intelligence and conscience might reasonably consider to be right. "To do a good job, you have to do a good job." To achieve the organic unity of legal effect and social effect, it is first necessary for judges to understand the law correctly and constantly improve their ability to apply it. The law is a weapon in our hands, the judge must be proficient in law, with exquisite business level. Only in this way can y understand the legislative spirit and legislative intent of the law, the accurate application of the law, and truly adhere to the legal justice, so as not to interfere in the judicial independence of the adverse trend in front of a variety of bewilderment, do not know what to do. Secondly, to achieve the unity of legal effect and social effect, it also needs the judge to have the overall concept and the consciousness of serving the overall situation. Trial work must serve the overall situation of reform, development and stability, which is an important principle that the people's courts under the socialist system must follow. Only by firmly establishing a sense of the overall situation and carrying out trial work closely around the overall situation of the Party and the country can judges not lose their political direction, give full play to their trial functions, and provide strong judicial safeguards for reform, development and stability. We should fully recognize the importance of trial work for the overall situation, firmly establish the overall concept, and strive to improve the conscientiousness of serving the overall situation and the level of law enforcement. Give full play to the court's role in regulating, protecting, regulating and other functions of the trial, the effective use of judicial means, sanctioning illegal acts, protecting legitimate rights and interests, resolving social conflicts, eliminating destabilizing factors in the bud, and strive to achieve the organic unity of the legal effect of the trial work and the social effect of the construction of the "democracy and the rule of law, fairness and justice, honesty and fraternity, vitality, stability and order, harmony with nature. Orderly, man and nature in harmony" socialist harmonious society to make its due contribution. To realize the organic unity of legal effect and social effect, this is the value goal of our trial work. Specifically to individual cases, is to take into account the interests of both parties, the state, the collective and even third parties. The author believes that to do this, the judge should pay attention to the following five points: 1, actively and comprehensively fulfill the right to interpretation. In general, the people's legal awareness is weak, little knowledge of specific legal provisions. Some parties in the hands of the legal provisions, but often half-knowledge. In this case, the parties to the judge, the court's decision of dissatisfaction is often out of misinterpretation of the law or listen to some people with ulterior motives of slander, so the judge in the process of handling the case, the need for the case involves more legal issues to the parties to explain to the parties to help the parties to participate in litigation, express their claims, so that not only is he excellent application of the law, but also the honor of the law propagandist. 2, the flexible use of mediation to settle the case. In civil litigation, advocate "more mediation, less judgment", especially for group disputes involving social stability, the law lags behind and if the judgment may appear legal effect and social effect of the case of conflict, the parties still need to work together in the future, live in the marriage and family, neighboring disputes, conflicts easy to radicalize the case, the judge should be The judge should try to find the balance of interests of the parties, and achieve the purpose of quelling disputes through litigation and mediation. 3, skillful use of discretion. Discretion refers to the judge in the trial activities, according to the law itself, combined with the specific circumstances of the case, the right to decide. Whether it is a civil case, administrative cases, or criminal cases, when the mediation, out-of-court settlement and other ways to settle the case are not implemented, and rigid application of the law will result in substantial injustice, the judge in the comprehensive consideration of the legal effect and social effects, taking into account the interests of both parties under the premise of the discretionary range of the law to find a balance of interests and accordingly make a fair judgment. 4, the comprehensive use of extrajudicial means. Needless to say, justice is not the only means of dispute resolution, and in some cases is not the best means. Certain disputes such as some deep-rooted social problems and contradictions, and even some civil disputes arising from the litigation, relying solely on judicial means is difficult to solve effectively, therefore, through the extrajudicial means of resolving disputes to achieve the unity of the legal effect and social effect is more important. The area under the jurisdiction of the people's courts at the grass-roots level is to a large extent a "vernacular society" or "acquaintance society", in such a subcultural circle, there may be a specific and particularly effective means of resolving disputes. Unlike the law, which is subject to certain procedures and rules, the use of these means may achieve good social results. Facts show that in the "local community", through the grass-roots organizations, the mediation of respected villagers, and even the villagers' own quarrels, consultations, in many cases may be more conducive to the settlement of the case. 5, the case, after the case to do a good job of the ideological work of the parties. Some cases, both parties are very intense emotions. In essence, no matter how the judge ruled, both sides will not be satisfied. This requires the judge must be in accordance with the evidence for the decision, and in the process of the case and after the conclusion of the case, according to the specific circumstances of the parties to do the ideological work, and strive not to destabilize the incident. Of course, sometimes the sermon alone is not enough, it needs the judge to integrate a variety of social resources for the disadvantaged groups to fight for tangible material benefits, such as as a collective enterprise laid-off workers for the parties to seek civil assistance. The above five specific measures is also a new period of the party and the state of the new requirements put forward by the judge, is to build a harmonious socialist society is inevitable, but also to improve the overall quality of the judge is an important way. At the same time, we also need to grasp the following three points: First of all, to establish a sense of the overall situation, improve the level of policy, and always focus on the work of the Party and the country's overall situation to carry out the trial. To serve the overall situation of the party and the country, we can not be quick to take advantage of the immediate interests, and can not only focus on the local, without regard to the overall situation. Secondly, it is necessary to enhance the sense of service, strengthen the team's style of construction, and improve the operational level of handling cases and the art of adjudication. To achieve correct and accurate law enforcement, to convince people with the law; to improve the openness and transparency of the trial, so that the people know and understand the verdict, to convince people with reason; to put an end to raw, cold, horizontal, hard, annoying and other governmental style, patience and meticulous persuasion work, to move people with feelings. Finally, to enhance public awareness, expand the social effect of the case. To fully mobilize the role of public opinion, so that the community and the public to understand, understand and support the court's trial work, to cultivate the whole society consciously abide by the law, the protection of the law consciousness.