The Study Of Judicial Justice

This essay is about the study of judicial justice, which discusses such questions as whether or not the justice and judicial justice can be realized, what its standard is and how to realize it, mainly through examining the theory of the justice and judicial justice.On the basis of general theory study of justice. I found the biggest problem in the field of the study about justice is that people do not have a united understanding about justice. Every researcher proposes his definition and theory about justice, but they don't reach a consensus on what is justice. Therefore, On the basis of typical theory about justice, using the research methods of etymology and semantics, I try to clarify the meaning of justice thoroughly .In my research, I insist on the basic theory of Marxism, use the methods of historical materialism to examine the theories about justice, and I use the research methods such as language analysis to discuss problem about meta-methodology. Based on this I have constructed my justice theory. I believe that justice is a reasonable rule for the value assignment, the value comparison and choices to satisfy person's demand, and that its concrete content is restricted by the social environment, mainly decided by certain age's material life condition. The justice is a historical concept, and its existence relies on certain physical conditions and spiritual condition. The examination standard for justice includes being advantageous to humanity's survival and the development, being advantageous to human nature extension and conforming to the generalization principle on rational and so on.On the basis of general theory study of justice, I did the following study about judicial justice. By analysis of the nature of the judicial activities, I discussed the meaning of judicature and judicial justice. According to the standards of justice, and considering the current historical conditions, I discussed the demand of the standard of judicial justice and judicial meta-value. I think judicial justice has its objective meaning and content, clear criteria, and certain meta-value claim. Therefore, the ideal situation of the judicial justice can be realized. It requires that the judiciary is independent, law and judicature have the highest authority, the applied law of the court is justifiable, the judicial meta-value what is being pursued by judicial justice is widely recognized and actually pursued in judicial practice, the judicial proceedings must be scientific and rational, the justice must be of high quality.According to the ideal condition of judicial justice, I explore the concrete ways of realization of our country's judicial justice, and allow for the practical condition of judicial justice of our country. Nowadays, for the sake of realizing judicial justice in our country, we must keep the independence of judicature, and break away from various factors which should have an negative effect on judicial activities; we must constitute judicial review system, and avoid using laws of injustice; we must regulate judicial explanatory, act in obedience to the original meaning of law; we must strengthen appointing, training and surveillance to Chief judge, and ensure that the judicial officials are honest and effective.This essay consists of three parts. The first part is concerned with basic theory, and examines general principle of justice. The second part is concerned with the theory of idea of judicial justice, and examines the perfect condition of judicial justice. The third part is concerned with the theory of realization of judicial justice, and examines the concrete ways of realizing judicial justice.The main point of the first part is this: justice is always a goal and pursuit in human society, but what is justice on earth is at issue. One of the reasons is that justice has its general character, but its content is changing along the lines of historical development. On the other hand, people often use term justice in various meanings. For regulating the study of judicial theory, I do not give my own conception of justice, but clarify the meaning of justice at first. On the basis of exploring in etymology and semantics, 1 talk about the usage of the term "justice" through studying of representative theories of judicature, from which I draw something about justice, such as definition, condition, norm, content, object, means, sort and so on. While doing this, I constitute my own new view of justice. Such a view of justice is constituted along the lines of principle of Marxist philosophy, and reflects basic points of Marxist philosophy as well.The second part discusses the theory of the administration of justice, it is divided into two chapters. The first chapter discusses the general theory of the justice, it contains the definition, the significance , essence, standard and metal-value of the justice and the way how to carry it out. All of these theories, the essence of justice is the action that laws which fit to the standard of the justice are applied to special cases thereby get the just consequence. It indicates the realization of nomocracy from macroscopical system. The standard of the justice includes: the fact of cases must be clear and objective; the applicable laws must be exact; the procedure legal, the argument lucid; the judge result just and on time, and so on. The lawsuit of metal-value in the justice is an important thing which is usually ignored by people. The pursuit of the metal-value is the important guarantee to realize just. Nowadays, the metal-value mainly includes equality, freeness, safety and dignity. The second chapter discusses the justice of our country, which contains the ideal condition of the justice, and the achievement and limitation of our national justice according to that ideal condition, then analyses the reason of the limitation. The limitation mainly manifests :in terms of the justice system, it is not very independent; the problems in the administrationize and localize of the justice are outstanding; the authority of the justice is not quite high; there is no effective system to censor the violation of the constitution; in terms of the special justice procedure, the legitimacy of the justice action needs improve; the scope of the acceptance of cases in court is not extensive; in terms of the quality of the juridical personnel, their quality are not high, and the corruption is still severe.The last part discusses the realization of the justice. According to the general theories of the justice and the status quo of our national justice, this part discusses the way to realize the justice in details. It contains four chapters, namely the fifth and eight chapters:The fifth chapter discusses the independence of the justice, it includes the definition and significant of the justice, the occurrence and development of the independent theory, and the status quo, limitation and improvement of our national independent justice system. The radical character rests with mediate judge of the third party. So, the independence of justice is the precondition and basic demand to justice, it is also the earliest justice principle which is established by the world. Only based on the independence of the justice, the discussion of the just has its special significance. The independence of the justice is first established in English, this principle has developed several hundred years, the judge plays an important role in it. At present, this principle is the most important justice principle which every nation stands by together. The independence of the justice is the chiefly thing in the establishment of our national justice system, especially how to deal with the relationship of the independence of the justice and the strength of the supervise of people's congress and the leadership of the party.The six chapter discusses the censor the violation of the constitution, which includes its definition and source, the brief introduction of censoring the violation of the constitution at abroad, the history and status quo of our national censorship of the violation of the constitution and its improvement. Aristotle is the first person to set forth the definition of nomocracy briefly, that is to say, the general abidance of law. The realization of the justice needs base on the good law. If we execute the law strictly according to the law of Nazi Germany, it is impossible to realize the justice. Therefore, in the terms of the establishment of law, every country not only strengthens to improve the establishment of law, but also strengthens to censor the violation of the constitution. In addition, censoring the violation of the constitution is gradually developed into an important system in order to protect the basic right and freeness of citizens. Through the introduction of censoring the violation of the constitution at broad and the discussion of its general contents, this chapter puts forth advices of the basic model to censor the violation of the constitution and the main procedure.The seventh chapter is the explanation of the justice, which includes its definition, the historical revolution, the significance, its rules and limitation. Except the independence of the justice, the realization of the justice demands the objectivity and confirmation of the definition of law in the process of the action of justice, which is not only the demand of the justice, but also is the necessary condition of law to play its role fully. When the administration of justice starts to explain the law, it needs be faith to the original contents and the aim of the law. When the law has its vague meaning , conflict or blank, it needs the systemic approach to explain and improve the law according to the metal-value of the justice and the time spirit.The eighth chapter discusses the important roles of the judge, the empanelment and training of judges, the ensure system, the action principle, the supervision and punishment of judges, and the limitation and reform advice of our national judge system. The judges are in the central position in the action of the justice, their quality directly influence the possibility to realize the justice. In order to improve their quality, we need to empanel and train the judges, and establish the judge ensure systems, at the same time strengthen the supervision and punishment of judges.According to the former research, the author deems that the justice has its objective implication and contents, and it could realize in the practice.