Similar Judgement of Similar Cases:Moraity Should-be or law Should-be
Similar judgement of similar cases has dual attributes of morality should-be and law should-be,positioning it as pure morality or law should-be face many difficulties.Therefore,it is necessary to construct a cooperative realization mechanism between the two in the theoretical structure and explore the realization procedure of the judgment in the judicial practice.Overall,the priority of law over morality should be a more realistic choice and a basic requirement of formal justice.However,the priority of law does not necessa-rily negate the reflective spirit that judges should have in terms of morality.Morality should be an essential link in achieving substantive justice.In special circumstances such as changing circumstances and legal revisions,the status of morality should be superior to that of law.Specifically,at the theoretical construction level,it is necessary to consider giving priority to morality while adhering to the prem-ise that law should be given priority.At the practical level,we must adhere to the promotion of the institutionalization of law should-be guided by morality should-be.
similar judgement of similar casescase guiding systemmorality should-belaw should-beXi Jingping's Thought on the Rule of Law
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