Make the judiciary powerful and warm (commentator observation)
Law is written morality, and morality is the inner law. When people truly feel that fairness and justice are around them, the whole society can form an emotional identity and behavioral consciousness of abiding by the law, advocating morality and goodness
When the judiciary returns to its original source, making it powerful and warm, it can build a solid dam for promoting social fairness and justice, and achieve the organic unity of legal and social effects
Judicial cases are "living textbooks" and vivid lessons on the rule of law. Not long ago, the Supreme People's Court released 15 typical cases of people's courts practicing socialist core values with fairness and efficiency, involving themes such as protecting the reputation and honor of heroes and martyrs, honest management, and acting bravely for righteousness. These cases clearly support the basic concept of exempting responsibility for legitimate behavior and assuming responsibility for risks, and resolutely prevent "who causes trouble, who has reason" and other "muddled" practices. On the basis of distinguishing right from wrong, distinguishing and stopping disputes can help better maintain social fairness and justice, and promote social righteousness.
Clarifying judicial judgments on various social behaviors through judicial cases can help guide parties to form reasonable expectations of dispute resolution outcomes and guide the public to follow the law. The reason why there is still a certain market for concepts such as "who causes trouble, who makes sense" is either because some parties do not have enough understanding of their own rights, responsibilities, and interests, or because some previous cases have given some people unreasonable expectations. In the case released this time, the plaintiff Zhang was stopped and fell to the ground due to not cooperating with the security personnel during the security check. During this period, the security personnel did not use violence or engage in any other extreme behavior, and obstructing the plaintiff's entry into the station was a legitimate act of fulfilling their security duties. Therefore, the people's court rejected the plaintiff's lawsuit request. This case illustrates the judicial concept that those who perform their duties properly do not assume responsibility, which is of positive significance for guiding the public to abide by public order and good customs, and promoting the modernization of social governance capacity with the guidance of socialist core values.
When society encounters legal and moral difficulties such as "whether to help or not", "whether to save or not", and "whether to manage or not", judicial judgments must clarify their attitudes and distinguish right from wrong, in order to become a guide to social norms and maintain public order and good customs. In recent years, the judgments of typical cases have clearly supported the exemption of legitimate behavior, supported those who do good, let those who are immoral lose, and made the general public realize that the law is not only a code of conduct that must be followed, but also a powerful weapon to protect their own rights. Law is written morality, and morality is the inner law. When people truly feel that fairness and justice are around them, the whole society can form an emotional identity and behavioral consciousness of abiding by the law, advocating morality and goodness.
With the development of society, the people's concept of rule of law and awareness of rights have generally increased, and fairness and justice that clarify right and wrong have become the expectation of society for judicial results. For example, in order to encourage more people to dare to do good deeds and be willing to do good deeds, it is necessary to clearly support the exemption of responsibility for legitimate behavior. In the typical cases released this time, the right to claim compensation for damages of good faith rescuers is clearly guaranteed, making helpers feel more secure and secure. Practice has proven that showcasing the spirit of the rule of law that "the law cannot make concessions to illegality" in judicial judgments is of great significance for promoting clarity and punishing evil and promoting good.
To measure and judge the effectiveness of judicial work, we need to consider both legal and social effects. The social effect of justice is established on the basis of fair and lawful adjudication, and is a form of judicial credibility formed in practice. For example, in the case of Lincang Housing and Construction Bureau v. Lincang Human Resources and Social Security Bureau in Yunnan Province, after being diagnosed with brain death, Dai was not recognized as a work injury due to organ donation surgery performed by the hospital, which resulted in the hospital issuing a death certificate for more than 48 hours. The court corrected the unreasonable decision not to recognize a work injury in accordance with the law, safeguarded the legitimate rights and interests of the parties involved, and did not hinder social welfare efforts. When the judiciary returns to its original source and gives it strength and warmth, it can build a solid dam for promoting social fairness and justice, and achieve an organic unity of legal and social effects.
The authority of law originates from the people's inner support and sincere faith. Through fair and reasonable judgments, responding to the public's concerns about judicial hot issues, and demonstrating the purpose of the rule of law in defending fairness and justice at the value level, it helps to strengthen the determination and confidence of "the law does not shield evil and evil does not suppress right", and strengthen the belief of the whole society in the rule of law. It has become a common social consensus and reality that those who abide by the law and discipline are proud, while those who violate the law and are immoral are unable to move forward. The whole society is full of righteousness and justice, and the brilliance of China's rule of law will illuminate everyone.
