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随着社会主义法治的不断建设,人们越来越关注生活中所出现的法律现象,这表明人们法律意识的加强,现实中人们习惯用自己的价值评价标准来衡量法院的司法判决,喜欢用情理的因素衡量司法公正,这不免会造成法与情理的冲突。一个公正的司法裁判不仅要产生形式效果,更要使其具有实质效果,以使其获得人们的普遍认同。情理法的冲突对司法实践的影响,是推行“人本关怀”的现代司法体系中不可忽视的一个课题。
With the constant construction of the socialist rule of law, people are paying more and more attention to the legal phenomena appearing in their lives. This shows that people are more aware of legal issues. In reality, people are accustomed to using their own value evaluation criteria to judge court judgments, preferring to use reasoning Of the factors to measure justice, which inevitably will lead to conflict of law and reason. An impartial judicial adjudication not only has the form effect, but also has the substantive effect to make it obtain the general approval of people. The impact of the conflict of sentiment law on judicial practice is a subject that can not be neglected in the modern judicial system of promoting “humanistic concern”.