In the afternoon of April 12, 2021, Li Cangjun, Professor and Doctoral Supervisor of Jilin University Law School, was invited to Southeast University Law School to give a lecture on The Conflict and Reconciliation between Legality and Reasonableness in Judicial Decisions in the Law School Moot Court. The lecture was hosted by Prof. Yu Lixhen of Southeast University Law School, and Prof. Hu Chaoyang talked with him. With his profound legal theory and humorous language, Prof. Li brought a spiritual feast to the students and teachers, which inspired the audience.
At the beginning of the lecture, Prof. Li took the case of college student sentenced to 10 and a half years for digging out a bird's nest as an example and pointed out that the case reflected the differences and conflicts between the legality and reasonableness of justice, the formal justice and substantive justice of law, and the thinking of legal people and ordinary people, which cut into the theme of the lecture.
First of all, Prof. Li pointed out that the judicial decision of the case was a challenge to public intuition. He argued that although the court's decision was in line with the requirements of legalism, it obviously deviated from people's intuition and seriously challenged the common sense in life. He emphasized that reason in life is the standard of people's daily judgment and the basic code of behavior. Although the law has its professionalism, its ultimate legitimacy comes from the recognition of the people, and the judicial decision of the court cannot be separated from the common sense, common reason and common feelings of life.
Secondly, Prof. Li analyzed in detail the flaws in the basis of the decision of the case. He argued that the defendant's excessive sentence was unacceptable to the public mainly because the judicial interpretation simply defined the situation of particularly serious circumstances by quantity, which lacked rational support and revealed the arbitrariness of knowledge.
Then, Prof. Li explained the subjective factors that influence judges' decisions. He believes that some individual factors of judges may also have undue influence on judicial decisions. Judicial discretion must be given to judges, who must decide according to both law and conscience, and if they find that the conclusion is really improper, they can remedy it by means of laminated reports. In addition, Professor Li also analyzes the institutional possibilities that contribute to improper adjudication, mainly in terms of the step-by-step segmented litigation structure and the imbalance in the weight of public, prosecutorial and legal power at this stage.
Finally, Prof. Li talked about his thoughts on a series of cases such as the birdhouse case, Xu Ting case, and Zhao Chunhua case. He believed that justice should not only be legal but also reasonable in the application of law. A reasonable judgment requires judges to have both technical rationality and judicial conscience.
After that, Professor Hu Chaoyang from Southeast University Law School gave a talk. He thought that Prof. Li's lecture started from a typical case, and through layers of analysis, revealed the conflict between lawfulness and reasonableness in judicial decisions, and explored the path of reconciliation between the two on this basis. In the questioning session of the lecture, students spoke enthusiastically, and Prof. Li also gave meticulous answers to each of them.
The whole lecture was clear and informative, and won the warm applause of the students and teachers present. Prof. Li's lecture was very interesting and humorous, which brought a rich academic feast to the students and teachers and made them gain a lot. The lecture was a complete success.