What is the choice between emotion and law?

The relationship between emotion and law should have three levels, that is, to embody emotion in law and strive to achieve the best effect of law enforcement, and emotion refers to the true feelings of law enforcement for the people; The law does not tolerate emotions and defends the sanctity and dignity of the law. Emotion refers to the feeling of extralegal affection above the law; Sense of justice, tempering the judicial character of law enforcement, refers to the professional ethics and character of honesty and self-inspection.

Cultivate feelings within the law and achieve the best state of law enforcement.

The sages once made such an incisive exposition: "the rationality of law is the soul of law." This judgment of the soul of law is obviously based on rationality, and it is a perfect interpretation and combination of law and emotion. Law represents the well-being of the people and the country, while emotion is an important carrier and means to legally and correctly implement the law. There is love in law. Under certain circumstances, it is undoubtedly a reasonable embodiment of the law to protect citizens' legitimate rights and interests from infringement by lightening, mitigating or exempting punishment and applying the principles of "discretionary lightening" and "presumption of innocence". Only by integrating the true feelings into the practice of procuratorial work, insisting on humanized law enforcement, and effectively embodying the feelings for the people, the interests for the people, the rights for the people, and the integration of emotion and law can we achieve the best law enforcement effect.

In recent years, more than 90% of the juvenile detainees in our hospital have improved their legal and cultural knowledge, and the recidivism rate only accounts for 0.5% of the total number of juvenile detainees. The first batch won the honorary titles of National Excellent Youth Rights Protection Post, National Youth Crime Research Advanced Collective, Provincial Service Economy Construction Advanced Collective Model, National Civilized Reception Demonstration Window and National Civilized Reception Room. These achievements are the result of integrating our thoughts and feelings into the practice of procuratorial work and implementing humanistic care to crack down on all kinds of illegal crimes, purify people's hearts and give people profound enlightenment and education.

Abandon extralegal feelings and safeguard fairness and justice.

British thinker Bacon said in On Justice, "An unjust law enforcement is worse than many unjust acts, because these unjust acts only pollute the water flow, while unjust law enforcement destroys the water source." This idea is enlightening to modern people. The first and highest value goal of law is fairness and justice. This is the ideal of law. Fairness and justice can be achieved by law. However, due to various reasons, in many cases, the fairness and justice of the law has not been realized, or it has not been completely realized. First of all, as China is still in the primary stage of socialism, the law needs to be further improved and the legal system construction needs to be further strengthened. Secondly, as the last line of defense of social justice, judicial justice still has weak links, and judicial injustice still exists to a certain extent, even becoming a serious obstacle to achieving social fairness and justice. The emergence of some phenomena above the law, such as intercession, bribery, money worship and bureaucracy, has directly affected the public's belief in the law and the process of governing the country according to law.

Some law enforcers once complained: "No way, I have to do this out of affection." It is true that China has experienced a long era of "rule by man", and the concept of valuing human feelings over truth is deeply rooted. However, as law enforcers and national legal supervision organs, procuratorial organs should take safeguarding fairness and justice as their own responsibility, which is the essential requirement of procuratorial work, the urgent need of judicial reality and the ardent expectation of the people.

In the warning education activities, we have thoroughly studied the relevant materials of warning education. Those high-ranking officials who were carried away by the glorious future lost their direction, lost their pursuit of ideals and beliefs, and put themselves above the law, resulting in being prisoners of the people. There is a legal proverb: the law would rather tolerate private losses than let go of any evil to the public. When family ties conflict with the law, I often educate the police to put themselves in others' shoes according to the "four considerations": think about the painful feelings of the people when they are infringed by criminals; Think about the grievances of the people who have been treated unfairly by law enforcement; Think about the helplessness of the people after their legitimate rights and interests have been illegally violated, and there is no way to appeal for help. Think about the people's indignation at the police's abuse of privileges, swaggering and other violations of law and discipline. With profound thinking, law enforcement will not be selfish, and it will cherish the sacred rights and responsibilities in its hands.

People are not vegetation, who can be ruthless. Affection and righteousness are the traditional virtues of the Chinese nation, but before the law, we should not only follow the objective requirements of affection within the law, but also consciously resolve the contradiction between emotion and law, resolutely put an end to and resist feelings that are contrary to the law, and not blaspheme the law, so as not to defile the lofty image and noble personality of prosecutors.

Cultivate a sense of justice and temper the judicial character of law enforcement.

The ancient Greek sages once said that justice is better than law. In other words, justice is the foundation of law. Without justice, the law loses its original meaning. It can be seen that judicial justice and social justice are the crystallization of human social civilization and the ideals pursued by people in modern society. Therefore, it is particularly important to firmly establish judicial feelings and temper the judicial character of law enforcement.

In order to make the warning education activities achieve good results, our college has carried out the "Red Tour" study tour. The party group of the Academy led all middle-level cadres to Xibaipo and Yan 'an, the revolutionary holy places, to cherish the memory of revolutionary martyrs and to carry out patriotism and revolutionary tradition education. The police officers relived the glorious course of our party along the struggle path of their ancestors, and their thoughts were strongly shocked and enlightened, and they wrote profound learning and inspection experiences and exchanged them at the police conference of the whole hospital. They all said that they should always keep in mind the thought of "two musts", further carry forward the revolutionary spirit and glorious tradition, and strive to do a good job in procuratorial work. Combined with the actual work, I think to lay a solid ideological foundation of law enforcement for the people, we must firmly establish the following five concepts.

First, we should establish a correct concept of the overall situation. Educate police officers to consciously put procuratorial work in the overall situation of the party and the state, and consciously regard serving the overall situation as the political direction and fundamental purpose of procuratorial work. Consciously proceed from the overall situation to deal with new situations and new problems in law enforcement, and enhance the political, legal and social effects of handling cases.

Second, we should establish a correct concept of equality. Overcome the idea of paying more attention to attack than protection, and establish the concept of paying equal attention to attack and protection. Consciously eliminate the hierarchical concept and judicial tendency in the application of law.

Third, we should establish a correct view of legal unity. Consciously overcome the idea of emphasizing entity over procedure, and establish the concept of paying equal attention to substantive law and procedural law. First of all, prosecutors and police are required to handle cases in strict accordance with the procedures prescribed by law. Where there are provisions in the procedural law, we must resolutely implement them to the letter; Secondly, we should have the consciousness of respecting human rights and embody humanization in handling cases; Third, the handling of cases is open and fair, and through open operation, the people can truly feel the fairness of law enforcement by procuratorial organs; Fourth, handle cases in strict accordance with the statutory time limit, and resolutely put an end to the phenomenon of extended detention and disguised extended detention; Fifth, fulfill the obligation to inform the litigation rights, so that criminal suspects can enjoy the rights conferred by law; Sixth, improve the efficiency of handling cases. "Late justice is injustice", and judicial efficiency is the guarantee and requirement of justice. All litigation links from filing, investigation, arrest and prosecution are required to be completed within the statutory time limit to ensure judicial justice; Seventh, improve the supervision mechanism and further comprehensively push forward the pilot of the people's supervisor system. Insist on not guiding, interfering or influencing specific cases.

Fourth, we should establish a view of judicial civilization. Firmly establish the awareness of judicial civilization and vigorously carry forward judicial civilization. Always put the fundamental purpose of serving the people heart and soul through the procuratorial work, not only punish crimes, but also protect human rights according to law, earnestly strengthen the construction of professional ethics, and strive to create a good image of loyalty, justice, honesty and strictness.

Fifth, we should establish a correct concept of efficiency. Insisting on paying equal attention to justice and efficiency can not only prevent the case from being delayed for a long time because of the pursuit of so-called justice, but also overcome the neglect of justice because of the pursuit of so-called efficiency and strive to achieve the unity of justice and efficiency. Always regard the quality of handling cases as the lifeline of procuratorial work, constantly improve work efficiency on the premise of ensuring the quality of handling cases, and safeguard the legitimate rights and interests of the parties and judicial authority with the unity of quality and efficiency. (The author is the Procurator-General of Daoli District Procuratorate in Harbin)