Between Ideal And Reality

With the development of China's reform and opening up, some prominent social contradictions increase. Conflict resolution requires the value of justice, therefore how to achieve fairness and justice becomes the core issue in building a harmonious society. However, implementation process will face the tension between justice ideal and the social reality, how to eliminate this tension becosme the core issue of justice research. Idealism or realism will not help to achieve justice, because justice is not only an ideal caring for the reality, but also a reality following the ideal of our society, only in the process of conflict and adjust between ideal and reality can our society gradually approach justice. Based on the above background and reason, this paper studies justice realization and explores the general rule in its process, so as to turn justice ideal into social reality upon practice and social reality to reflect brilliant beam of justice ideal, and ultimately achieve the harmony of ideal and reality.Analysis of the concept of justice is just the premise of implementation. There are two ways to analyze the concept, namely the fact analysis and value analysis. This paper conducts fact analysis on justice, so as to make justice a concept with clear point which lay basis for the range of demonstration. Fact analysis can be conducted from two angles: First, to select common facts from from the historical view of justice; second is to find differences between justice and the social norms so as to find the real characteristics of justice. Based on the above analysis, it can be concluded that justice is the value norm in certain society to respond the conflicts and tension among people. It embodies as a series of concepts and rules of the system, it characterizes social, class, time and eternity, etc. Justice is connected with fairness, equality, but it is also different from them, therefore it is necessary to differentiate justice from other concepts so as to make it an object with clear boundary. Justice realization is a complex implementation and is different from the ordinary process. It can be observed from its breadth, depth speed and stability.. Justice realization depends on four structural elements: the object of achieving justice, subject of achieving justice, two states of justice, possibility of connecting two states.The object of justice is the value of justice. Whether justice can be achieved depends on the value consensus that people achieve thus creating a universal standard of justice. The author believes that the society made of rational people may reach a consensus on the bottom-line of justice, its performance can be manifested as freedom and equality, on the one hand it is freedom and equality on the basis of value, on the other hand it shows limited substantive allocation which comes from personal freedom and equality rather than other reasons beyond personal freedom and equality. Second, it depends on whether it is idealistic and realistic. The author believes that it is not only idealistic but also realistic. Justice exists as an ideal, it goes beyond the reality so as to be critical to reality, and is different from the legal positivism. Justic exists in reality, which originates from the real world, and can only be achieved in reality, therefore it is different from religion and utopia. It also depends on whether the object of justice can connect the two states of justic. Justice can be divided into community, nation and supra-national community. As community and supra-national community do not have powerful force, it is hard for justic to be implemented. Only in the range of a nation can justice be achieved.Justice can be possibly realized within the range of a nation, but it does not promise the necessary realization. To realize justice requires a series of conditions of security. First of all, justice can be achieved in the modern democratic system. In modern democratic system, individuals are given sufficient autonomy in both private and public areas. In ancient democratic institutions, the individuals gain autonomy only in the public domain while lose all autonomy in the private sphere. In the autocratic regime, individuals get a certain amount of autonomy in the private sector, but lose the autonomy in the public domain. While in the totalitarian system, individuals lost their autonomy both in the private sector and public areas. Secondly, the realization of justice civial virtues as support. Citizenship includes two layers: the first one is necessary to reach consensus on the qualities of justice, known as the moral basis of citizenship, including the reason and tolerance. Economic rationality is the basis of social cooperation, public reason is against basic human dignity of any damage to the value of consensus. Tolerance is the necessary condition for citizens to coexist with dissidents in peace. The second dimension of citizenship is the basis for the effective functioning of a just society, including the law-abiding, independence, compromise, moderate political enthusiasm. Law can reduce the cost in operating the system; independent democratic institutions to correct the imbalance; compromise can bridge the social rift; moderate political passion can keep the stability of democratic institutions. Besides realization of economic factors on justice has a decisive influence. Justice ultimately depends on public ownership, but in the current circumstances of underdeveloped productive forces, it is reasonable for the existence of private ownership,. Market system respects individual's autonomy and contributes to the realization of justice. Economic development can reduce social conflict, increase the stability of the political system and improve quality of citizenship, thus contributing to justice implementation.For a certain country, justice must rely on a certain path to be achieved, which means the concept of justice shoule be turned into a rigid system, and the rigid reality of the justice system into a just act. During this transition process just wear and tear will inevitably happen, which results in imcomplete reflection of ideal justice. Therefore it is necessary to recognize that loss of objectivity and justice, but also try to reduce the loss of justice in order to keep close to the ideal reality. In the concept stage of justice,righteousness should be translated into concrete principles of justice in order to play a guiding role in reality. The private sector should be subject to equal freedom, freedom in public domain should obey the equality, freedom and equality in the economic field are in the same position. As far as distributive justice is concerned, in the initial distribution, the basic principle is freedom, equality needs to beproved; in the secondary distribution areas, the basic principle is equality, inequality requires proved. In the stage of justice system, constitutional justice must be transformed into legal justice, legal justice needs to be translated into administrative justice. The Constitution embodies the concept of justice in general, the law, as social norm, is to be made for more specific social situations, the admistritation will act directly on the individual to judge the legitimacy. Behavior justice is the ultimate act of justice. Under normal circumstances, when actions are in consistent with system rules, its behavior is rightious. However, in some cases, illegal behaviors may be just, and vice versa.