Justice Value. Law And Its Implementation

Any serious research of law cannot avoid value questions. It's the value pursuit that promotes the birth and development of law. Law has many values, among which justice is the most fundamental one. Justice is the spirit of law. To realize the justice value of law, we must create just law. On the base of just law, judicature is crucial to the realization of justice.Value exists in some kind of relationship between object and subject, in this kind of relationship object can meet some needs of the subject. There doesn't exist "internal value of law" without subject. The value of law has two characteristics: subjectivity (主体性) and objectivity (客观性) , among which subjectivity is the fundamental one. But value subjectivity must not make for value relativism.Justice is the fundamental value pursuit of law. But different people have different opinions about justice. Generally, thinkers comprehend the concept "justice" from the following aspects: equality, liberty, social benefit, personal good, etc. We agree to this opinion that justice is to give one his due. This opinion is concise and rich in meanings. It gives rise to two questions: what's one's due? How to give one his due? The first question is about the substantial justice of law; the second one is about the procedure justice of law. Substantial justice refers to the justice in the sense of result and aim; procedure justice refers to the justice in the sense of process. The justice of law is the combination of substantial justice and procedure justice.Equality, liberty, order, efficiency, etc. are all basic value pursuits of law, then what's the relationship between justice and all these values? Thinkers used to consider equality and liberty as the principles of justice. But justice doesn't require absolute equality and liberty, sometimes justice includes inequality and there is some limit to liberty. Order and efficiency are also basic value pursuits of law, some people regard them as incompatible with justice. This opinion is unilateral. Commonly, justice and all these are consistent with some exception. All in all, justice is the fundamental value pursuit of law.Justice value of law occurs in the dynamic process of law (object) and some people (subject). To realize the justice value of law, we must analyze thesubject, the object and the relationship between them. The formation of just law is the presupposition of realizing the justice value of law. Just law must be based on realistic social life. There is not universal and absolute justice in the world, but there is some common knowledge about justice among people. The ideal law is mainly inner-formed. The outer-formed law is supplement. Judicature is crucial to the realization of justice value of law. Facts cognizance should try to avoid personal influence, the principle of selecting law and applying law in modern law theory is justice. The basic attitude is "strict obeisance and free criticism". Judicature independence and protecting the benefit of all subjects are the basic demands of value subjectivity.