Legal Philosophy and Adjudication Methods

Author: Kong Xiangjun
Publisher:
Publish Date: 2005-11-01
Features: The concept is the soul that guides and shapes action, while the method is the path for making decisions and carrying out actions. Whether the concept and method are appropriate directly determine the feasibility and appropriateness of decisions and actions. My judicial experience in recent years has given me deep insights, as the complexity of legal interpretation and legal application requires not only "entering into the internal" but also "transcending beyond the external" when applying legal provisions. Otherwise, in the face of complex legal application scenarios, one may be at a loss. Proficiency in grasping and applying concepts and methods can achieve the effect of "grasping the main thread and opening all the eyes." Conversely, if one cannot skillfully apply the concepts and methods behind legal rules, they often become mechanical and rigid in legal application, unable to respond calmly and comprehensively to numerous complex cases and emerging new situations and issues, failing to maximize the positive effects of legal application. Such operators can hardly be called anything other than myopic "artisans."