情理法融合视野下的刑事个案正义

Justice in Criminal Individual Case under the Integration of Common Sense, Reason and Law

中国法治化的正确道路,必须是一条传承传统和兼容并蓄之路。我们在学习西方优秀法律文明的同时,也要吸收本土文化传承下来的精髓,这条路是一条情理法融合之路。同理,就个案而言,我们所要追求的正义也是一种情理法融合之下的正义。为此,首先需要充分理解"情""理""法"的基本含义、基本关系,其次要把情理法融合的理念贯彻到个案正义的具体实现环节中去,刑事个案正义应在前提性环节、支撑性环节和保障性环节等三个环节中的动态循环过程中实现。这是在法中融合情理精神的过程。

The correct road of legalization in China should be a way with of tradition inheritance and inclusiveness.While learning from the excellent western legal civilization, it is also necessary to absorb the essence of cultural heritage,which means to integrate common sense, reason and law. As far as an individual case is concerned, the justice we want to pursue is also a kind of justice under the integration of common sense and reason and law. Therefore, first of all, the basic meaning and relationship of common sense, reason and law should be fully understood. Secondly, the concept of integrating of common sense, reason and law should be implemented into the specific realization of case justice. Criminal case justice should be realized in the dynamic circulation process of three links, namely, the precondition link, the supporting link and the safeguarding link. This is a process of integrating the spirit of common sense, reason in law.