“Law is reason without passion”, this is the long-lasting legal proverb left by Aristotle to the world. The law is rational, but this kind of rationality does not judge disputes between right and wrong based on passions generated by emotions, selfish desires and prejudices, nor does it use passion to interpret the rationality of law and the rationality of judicial activities. If legal workers use the law rationally and judges respect the rules of trial rationally, then the law that has been promulgated and implemented can become the only criterion for judging right and wrong, settling disputes, and educating people's words and deeds. The rules of trial are based on facts, the law as the criterion, procedural fairness as the carrier, substantive fairness as the goal, and rational thinking as supporting justice, resolving disputes, settling disputes, and promoting social harmony. It is done ex post facto, passively, Neutrally adjust the relationship between behavior and the law. Use passion to control trials, use passion to understand, apply and extend the law, and infiltrate passion into the process of accepting facts and evidence. The sacred law will be artificially played with, and judicial activities will become a game of exciting words, and the solemn court will naturally It has become an arena for displaying litigation skills, and people's expectation to obtain or demonstrate substantive justice in the legal sense is therefore out of balance.
In judicial activities, the requirement to achieve procedural fairness and substantive fairness is the rational embodiment of "law is reason without passion". Procedural fairness is the prerequisite guarantee for achieving substantive fairness; substantive fairness is the corresponding result under the premise of procedural fairness. The relationship between procedural justice and substantive justice fully reveals the harmonious and unified relationship between the rules of trial activities and judicial rationality. The judicial procedures set by procedural law are not only applicable to judicial workers. The procedures in procedural law are also used by those who seek judicial relief and claim rights. They all lead to the same goal by pursuing justice, balance and substantive justice. Therefore, rationality in judicial activities is actually a kind of fair rationality. The special role of court trials makes this fair rationality become a fair rule for people to judge the merits of right and wrong. Society has realized justice, and the "law" Reason without passion" will naturally return. Rational litigation, rational adjudication, rational respect for the law, and rational respect for legal facts have become a rule that people must abide by, and procedural justice and substantive justice can be objectively evaluated.
Treating the same case in the same case, adopting legal facts as the basis for finalizing the case and making judgments in accordance with legal provisions are the judicial rules and practices of "the law is rational without passion". The same case is judged in the same case and the legal facts are adopted. Whether it is the parties who file a lawsuit to claim their rights or the judge who is in charge of the trial, it cannot be achieved by passion, subjectivity, or skill. It must be based on the absence of passion. , only on the basis of respecting the law and legal facts, giving explanations, seeking justice, resolving disputes, and promoting justice. Participating in litigation with rich passion and rationality, biasing legal facts with preconceived passion, and understanding and applying the law based on feelings are obviously contrary to the legal proverb "the law is rationality without passion" and will seriously undermine the fairness and justice that should be achieved. of damage.