多维角度看司法实践中情理法融合的缺失——赵春华持枪案为例的分析

Multi-dimensional View on the Lack of Integration of Reason and Law in Judicial Practice——A Case Study of Zhao Chunhua’s Illegal Possession of A Gun

"情理"或言"常识常情常理"与"法"的应然关系是融为一体的,但实然关系却是情理法融合的缺失。赵春华非法持有枪支案,虽是法官依法做出的裁判,公众的不满却凸显了严格规则主义下司法的困境,根本原因出在情理法融合的缺失。情理法融合的缺失具体表现为"情理"在"法"中的缺失,是从裁判视野、立法视野、法官视野这三个角度来看的,这三个环节中每一个环节的情理法融合都有助于司法正义的实现。

The relationship between "reason" or "common sense" and "law" should be integrated, but there exists the absence of the integration in reality. Taking Zhao Chunhua’s case of illegal possession of a gun as an example, though the court decision was made by the judge according to the criminal law, the public dissatisfaction has highlighted the judicial dilemma under the strict rule, the primary cause of which is the absence of integration of "reason" and "law". From the vision of court decision, the vision of legislation and the vision of the judge as well, it shows that "reason" is absent in "law". Therefore, the integration of "reason" and"law" in anyone of these three links will contribute to the realization of judicial justice.