On Sociality Of Judicial Power

Judicial power is a social power. When we say sociality is the fundamental nature of judicial power, we do not mean that sociality is all of judicial power, but it reflects the nature and character of judicial power all-around. Meanwhile, sociality also divides judicial power from legislation and administration. The view that judicial power is a social power can be inferred from the prerequisite of judicial power, the interrelations between judicature and society, the comparison with legislation and administration and the concept of congener trial. Since judicial power is a social power, its framework and operation should be built on the basis of sociality, that is to say. we should eliminate the power judicial conception, straighten out the administrative tendency in organizing judicial power and the nationalism tendency in judicial power operation. In terms of its relations with politics, judicature should control politics, not vice versa.