Abstract: From the Pengyu case in Nanjing to the murder case in Liaocheng, Shandong Province, even the case in Zhengzhou elevator to dissuade smoking, and the case in Guangzhou to pick arbutus to die, the current series of influential cases constantly question how the court and judges should deal with the cases related to social morality and good customs, so as to complete the case relief in accordance with the common sense and not against the mainstream moral feelings of the public, and finally achieve the social moral style response and guidance, which can show the judicial value. Although there are various reasons for this kind of cases to become influential due to the judge’s lack of grasp，it is undoubtedly an important aspect to avoid the pursuit of “promoting justice conscience” in fact finding and law application，and to reduce or eliminate the risk of handling cases．Therefore，we should improve the system of investigating misjudged cases in the reform of judicial responsibility system. On the basis of establishing a system of responsibility exemption under due process，the judge should treat every case with a kind heart, based on the requirement of “promoting the conscience responsibility exemptionof justice” in Article 35 of the Basic Code of Professional Ethics of Law Officials of the People’s Ｒepublic of China，accurately grasp the original intention of legislation, and take the mainstream moral value to respond to the public's expectation; to control the relationship between legal rules and principles prudently，to realize the moral requirements in the scale of law, and to make the people feel the fairness and justice in every case．