Modernity And Its Transcendence Of Justice

The topic, modernity of judicature, involves the fundamental ideas and system model of modern judicature. Modernization of judicature, as an important dimension of modernization of law, does not seek the pregnant conditions, concept gist and paradigm evolution of modern judicature in modernity context, so it is not in a position to evaluate the present judicial practice, to predict and guide the development of the modern judicature. Modernity spirit constitutes the context conditions of the modern judicature. Modernity of judicature, as a response to and fulfillment of the modernity spirit, is embodied especially in such aspects as judicial independence, justice and professionalism. Modernization of judicature, as the system confirmation and practical expansion of modernity of judicature, is constantly related to such realistic conditions as economy, politics and culture. Because of the two periods during the course of the western modernization: free competition and welfare state, modernization of judicature developed two types of judicial models in practice: formalism and substantialism. Postmodernism reproached and deconstructed the argument basis, action logic and value goal of modern judicature, but because postmodernism did not get rid of the dependence on the process of modernism, it did not set a reasonable direction for modern judicature, to re-portray ideas and break through the model. With the deepening of social modernization and founding of risk society, modernization increasingly sees reflexivity and modernity spirit further stimulates reflection. Postmodernist social order and globalization require modern laws to have new model by self-reflection and modern judicature to re-form concept and re-establish systems. This thesis, based on the forward theory of modernity and practical context of modernization, explores and proves the rationality of the Discourse Theory of Law to the re-form of modern law concept and the significance of the proceduralism paradigm of law to the developing direction of legal system modernization so as to introduce the communicative rationality into the modern judicature. And on the basis of defining theoretically the judicial power in the future society, it advances and argues the system amendment from various dimensions of modern judicature practice. Finally, the thesis focuses on the topic of modernization of judicature in China, starting with the theory of reflective modernity, elaborates the reflection and major reflection points of judicial modernization in China and points out clearly the future target of judicial modernization in China.