Chinese Judicial Function Of Social Transition Inquiry

Ever since China carried out reform, China has made progress in social and economic development, while also facing a lot of problems. Overall, China is in a period of social transformation:from the past planned economy, policy governance, closed development, unified society gradually transition to a market economy, the rule of law, open development, pluralistic society. In the transition period, a variety of social composition, the imbalance between the interests of fracture:First, the relationship between social instability and social structures, mechanisms are not mature. Secondly, do not match between the needs of society and social resources. The overall performance of the unbalanced social development. Social contradictions are more prominent; keep up with economic development and political reform, and with a lag. Unlawful administrative acts secret operations occur more lax enforcement, judicial injustice and corruption still abound; social problems continue to occur and so on. In short, the real problem with the historical issues, legal issues and economic issues are intertwined. So, we need to ensure the operation of the judicial function and can respond to the objective reality and the requirements of the times, and properly resolve social problems, maintaining social order and promoting social development; should carefully examine the lack of judicial functions, dislocation and lag problem, according to our social transformation requires reasonable adjustments to the judicial function again, fundamentally improve the judicial function, so as to play an important role in promoting the rule of law in the country. This paper focuses on the judicial function of the center, to explore the history of the evolution of its development path, and use it as a reference, analyzes the status quo of China’s judicial function in the context of social transformation, including its lack of reason, and then be re-adjust and make our country how should effectively play recommendations of the Judicial functions. This paper is divided into three parts, the first part of the judicial function first basic theoretical analysis, including an explanation of two important concepts, namely what is justice and what is the judicial function. Then enumerated types of judicial functions. Historical Evolution and analysis of judicial functions, starting with the background of social transformation down analysis shows that the type of dictatorship function of social transformation, as well as the judicial function changes the trajectory of the planned economy era, including the reasons for its formation and the resulting limitations. Finally, look for changes in social factors judicial function. The second part is based on the first part of the analysis and discussion on the making of the judicial function of social transition adjustment, the first description of a modern judicial system, and then explain the judicial function adjustment factors to consider (the era of factors, factors that the court itself, stakeholder factors, political factors, social factors), and finally clear how to adjust the judicial function. The third part is the end part, explain the impact of the functioning of our judicial reasons, and what safeguards should be taken. In this paper, the main research method:theory and practice, value analysis, historical research method. In writing this paper, there are two innovations:1. This paper studies the aid of the legal community, the concept and content of judicial functions were defined. Existing judicial function studies have certain limitations and hysteresis. From the perspective of social needs, to play the judicial function to be improved. Study of existing domestic judicial function only concentrate on its basic functions, and ignore the new requirements under the new situation of social transition, social subjects raised by the judicial function. Major theoretical debates also more focused on the nature and value of the attributes of judicial power, rarely talk about specific social transformation in the new situation, how to adjust the judicial function and judicial functions effectively play. This article is trying to start from the social background of the judicial function, by means of judicial jurisprudence research function definition and classification of the judicial function to adjust the excavation, to break through the limitations of existing research on this. This paper studies the sociology borrow the connotation of "social transformation" has been redefined. A general sense of social transformation often means the conversion from traditional to modern, from this perspective, the process of social transformation in China is equivalent to social modernization process. So it can be said that since China entered the modern society, has been in the process of social transformation. Using this definition, merely from a longer historical period to illustrate the changes in Chinese society, and not representative of the establishment of New China from the social changes that have occurred since the reform and opening up. So this article will abandon the "social transformation" is defined as "traditional-modern" this broad concept. But from the " social structure " level the concept of "social transformation" to be defined that social transformation refers to the social structure of the state of transformation from one structure to another state. In this sense, while driving the transformation changes, changes in social benefits and economic system concepts and many other factors. The social structure of the transition process constitutes the background of judicial function studies.