亲情正义与规则正义的冲突与调和--基于亲情案件引发舆论争议的思考

Conflict and Reconciliation between Kinship Justice and Rule Justice--Reflections on the Disputes of Public Opinions Based on Family Cases

亲情正义与规则正义的立论基础不同,导致涉亲情案件中依法律规则的裁判结果与社会的情感评价可能冲突。亲情正义强调亲情伦理,思考问题充满感性和区别对待,更注重亲情带来的义务要求。而规则正义强调法律至上、理性思考、权利与义务的统一,注重平等对待。为弥合二者冲突,借鉴不同地方的法治经验实属必要。立法和司法也应更积极回应亲情正义的要求,清晰界定涉亲情案件中对事、对人的适用范围,尊重当事人的选择,如此方能实现法律与情理的合理互动。

The theoretical basis of kinship justice and rule justice is different,which may lead to the conflicts between judgment results of legal rules and the emotional evaluation of society.Kinship justice emphasizes the ethics of family affection,exerts sensibility and different treatment in the thinking mode,and pays more attention to the obligations required by family.Rule justice emphasizes the supremacy of law,the rational thinking,the unity of rights and obligations and pays attention to equal treatment.In order to bridge the conflicts between the two,it is necessary to learn from the rule of law in different places.Legislation and judiciary should also respond more actively to the requirements of family and justice,clearly define the scope of application in the family-related cases,the scope of application to the people,and respect the choice of the parties so as to achieve reasonable interaction between law and reason.