A Study On The Cultivation Of The Spirit Of Socialist Rule By Law In Judicial Trial

The law must be believed in; otherwise it exists in name only. In the process of legalization, it is relatively easier for our country to build and introduce the "hardware" of law system, viz. material and technical legal system. However, the establishment of “software” of law system, which is known as legality spirit, requires a long process of hard work. It is the nature of judicature to pursuit fairness and justice, thus cultivating citizen’ spirit of rule of law is more vivid, professional and universal than other ways to protect fair and justice, and it can result in better effect to cultivation of spirit of socialist rule of law. This paper will study effects of judicature to cultivation of spirit of socialist rule of law, and it aims to support cultivation of spirit of socialist rule of law through research of judicature and also to provide support for the construction of the “software”of socialist rule of law.This paper consists of introduction, main body(five chapters) and conclusion.Introduction: although judicature plays an irreplaceable important role in fostering socialist rule of law, few scholars have conducted a specialized research on cultivation of spirit of socialist rule of law from the perspective of judicial judgment. Therefore, we put forward the topic of this paper, i.e. study of the role of judicial judgment to cultivation of spirit of socialist rule of law. Six aspects are reviewed in this paper, including review of concepts like spirit of judicature, the necessity of the rule of law, promotion methods of the rule of law, spirit of socialist rule of law and its cultivation, cultivation of spirit of socialist rule of law from perspective of education function of judicature. Through the review, it is found that there is no direct research on the last aspect in existing researches, and there is also vacant in study of spirit of socialist rule of law. This paper is also inspired by some unsystematic studies. The logical structure of this paper is closely related to research question. The paper develops with the logic of finding, defining and solving its research question. Research core of this paper lies in basic methods of judicial judgment to cultivate spirit of socialist rule of law which is carried out by historical materialism research, system research, survey research and comparative research.Chapter one gives an overview of cultivation of spirit of socialist rule of law by judicial judgment. The word “judicature” has a narrow meaning in this paper and it means “court”. Judicial judgment refers to the legal application process that all kinds of lawsuits are judged and sentenced by the court. It is political and procedural in nature and has other characteristics like authority, impartiality and affinitytothepeople. Judicial judgment also has the function of resolving social contradictions, maintaining social order, innovating social management and guiding social value orientation. Moreover, judicial trial has education attributes and is unique in terms of education, so it is valued in terms of education of spirit of rule of law. The spirit of socialist rule of law is composed of spirit of socialist constitutional government, spirit of fairness and justice and spirit of supreme constitutional law, spirit of being harmonious and rational etc. It is a representative of Party spirit and is closely related to the people. It has a rigorous scientific nature and is rich in practicality and has strong social cohesiveness. Cultivation of spirit of socialist rule of law by judicial trial is a subjective behavior that combines dominant education with recessive education. It has strong political purposes and is based on trial activities. It is the combination of dominance and subjectivity, of instrument and purpose and of periodicity and continuity. It represents theoretical connotation of comprehensiveness of Marxism, of Marxism’s affinity to the people and of intrinsic requirement of Marxism theoretical education. Cultivation of spirit of socialist rule of law by judicial trial is also the implementation of legal responsibility of trial institutions. It is the need of comprehensive promotion of the policy of running state affairs according to law, and the need of constructing a society with rule of law. It promotes the spreading of socialist core value, and it is the innovation of law publicity and education. Therefore, its study is of important practical significance.Chapter 2 mainly carries out a status analysis of cultivation of spirit of socialist rule of law by judicial trial. At present, cultivation of spirit of socialist rule of law by judicial trial is lead by litigious activities in china and assisted by various forms of out-court legal education and court-house culture construction. Through questionnaire, data acquisition, file extraction, and case study, it is found that judicial trial has many advantages in cultivating spirit of socialist rule of law, such as broader coverage, higher degree of attention, greater influence and better social response. In the meantime, it also has many problems to be urgently solved, including courts and judges’ insufficient understanding of cultivation of spirit of socialist rule of law, their lack of motivation, judges’ ideological deviation and the lack of institutional guarantee.The third chapter focuses on basic principles of cultivating spirit of socialist rule of law by judicial trial. This paper argues that there are four basic principles for judicial trial to follow in cultivating spirit of socialist rule of law, including the principle of combining leadership of the party with unified organization, the principle of combining propagation of rule of law with guidance of value orientation, the principle of serving the society as well as highlighting key point, and the principle of making innovation as well as bringing convenience to people.Chapter four concentrates on basic content of cultivating spirit of socialist rule of law by judicial trial. The spirit of socialist rule of law has a rich content, and it can be divided into seven aspects from the perspective of judicial trial: spirit of fairness and justice, supremacy of law, equality of law, guarantee of human rights, spirit of being honesty and credit, spirit of restricting public right and spirit of due process.The fifth chapter mainly discuses basic cultivating methods of spirit of socialist rule of law by judicial trial. There are four aspects of cultivation of spirit of socialist rule of law by judicial trial, including its operation mechanism, realization approach, cultivation means and protection measures. The four aspects interact with each other and are logically progressive, together forming basic cultivating methods of spirit of socialist rule of law by judicial trial. The first aspect is operation mechanism. Constituent elements of cultivation consists of subject, object and medium. In a narrow sense, subject of cultivation is the judge, and the object is the client to be nurtured, and the medium are ways and means to be used for cultivation and cultivation carrier. Cultivation is divided into four stages, i.e. start-up stage, expansion stage, extending stage and evaluation stage.And cultivation process is operated by dynamic mechanism and regulatory mechanism. The second aspect is about basic realization approach. Cultivation of spirit of socialist rule of law by judicial trial should run through the whole process of a case, covering process of register, hearing and execution. It should also fit in courthouse reform of judicial system, courthouse culture construction and Party building, and should infiltrate into judges’ way of thinking and working, their life style, communicative manners and behaviors. The third one is about ways and means to implement cultivation of socialist rule of law. Judicial trial should seek help from legal means, case education, cultural carrier, platform of mass media and new media to achieve this goal. The fourth aspects is protection mechanism. To ensure smooth operation of cultivation of socialist rule of law by judicial trial, organization and leadership should be strengthened, and supervision and evaluation mechanism should be established, moreover, construction of professional team should be emphasized.Conclusion: Three aspects can be drew through study of this paper. Firstly, judicial trial is educational in nature. In the meantime, it can be a way of education. Secondly, cultivation key points of judicial trial to socialist rule of law lies in seven kinds of spirit, viz. spirit of fairness and justice, supremacy of law, equality of law, guarantee of human rights, spirit of being honesty and credit, spirit of restricting public right and spirit of due process. This paper also suggests that along with the profound change of social structure in our country and the advance of judicial system reform, cultivating spirit of socialist rule of law by judicial trial should pay more attention to the transformation from three aspects: the first one is change of direction of education from unidirectional education of the judge only to interactive education of both the judge and the client; the second one is change of education content from knowledge-emphasized to thought-emphasized; the third one is change of participation ways of education from social mobilization to individual participation.