The Practice Course Of "the People’s Judicature" In China

Judicature is the best and most important way to achieve the justice. And “the People’sJudicature” is an important way to achieve the political justice of the Chinese CommunistParty. The founder of the Maxism created the concept of political justice, which has the word“People” as its logic origin, the “People’s Dictatorship” as its core content, the human’s freeand full-scale development as its ultimate object.“The People’s Judicature” is the productionof the Maxism’s chinization, the most incisive weapon to achieve the “people’s dictatorship”.At the first time, it has the law as the weapon to safeguard the subaltern’s own benefits, as oneof the best and the most important ways to achieve the political justice concept of the ChineseCommunist Party.“The People’s Judicature” had formed a fine tradition through the judicial pratice of theSoviet China and the Shanganning Border Region Government.“The People’s Judicature”tradition has affected the judicial practice of China up to the present. The Supereme People’sCourt has the concept of “Serve for the general situation, judge for the people” as the worktheme of the people’s court, and tries its best to achieve the impartiality and justice of thesociety as a whole. The concept of the “Three Supremacies” has become the basic guidance ofthe judicial work of China. In some instance, the repeat and emphasize of “the People’sJudicature” reflects the reality of contemporary China’s judicature and the demand that thejudicature should be responsible to the social reality. During the process of contemporaryChina’s practice of the rule of law, the meaning of “the People’s Judicature” was changingaccord with the meaning of the word “People”, which is the logic origin of the political justiceconcept of the Maxism.Marx had changed the angle of view about “the People” of the political and legalideological history from the bourgeois to the proletariate’s, and found the effective way toachieve the political justice. Based on the angle of view about the proletariate’s “People”, asthe effective way to achieve the political justice concept of the Chinese Communist Party,“the People’s Judicature” has its practice way as the achieving peocess of the political justiceconcept of the Chinese Communist Party.“The People’s Judicature” formed in ShanganningBorder Region during1940’s, the symbol of it was the “Maxiwu Trial Mode”.But the practiceof “the People’s Judicature” all over the country was developed after the foundation of the People’s Republic of China. The practice of “the People’s Judicature” in the People’sRepublic of China has experienced a complex prcess, from completely established todeclining, to repeating, then to revival and innovative.The complicated practical way of “the People’s Judicature” reflects the complicatedsituation of the achievement of the political justice concept of the Chinese Communist Party.The revival of “the People’s Judicature” is the instrument, and the innovation of “the People’sJudicature” and the achieving of the justice of the society as a whole is the object. During theera of carrying out the plan of the rule of law, and constructing a country ruled by law, therelation between the political and judicature has been optimized, and the meaning of “thePeople’s Judicature” has changed from the political judicature to the judicature ruled by law,the concept of rule of law about the political justice concept and the way of achieveing thepolitical justice should be the social governance by the judicature. In China, to achieve thepolitical justice,“the People’s Judicature” has its very important meaning.The framework of the thesis was made up of introduction, five chapters and conclusion.The concept of Maxist political justice and “the People’s Judicature”, the theoretical ananysisabout “the People’s Judicature” based on the concept of political justice, the logic of “thePeople’s Judicature” achieving the political justice, the practical way of “the People’sJudicature” in China, and the way of the judicially actualizing the political justice under theplan of rule of law is the inner logic of this thesis.Instruction. The maze of the judicial reform of China is that we don’t know the direction ofthe judicial reform. Is the judicial reform on the upgrade? Hovering or degraded? No one cangive a certain answer. Only when we objectively know the history of the judicature of China,we can understand the judicature of China today and prospect of the judicature of China.What we should find out from the judicature of China is the reason of “the People’sJudicature” and the pratical process of “the People’s Judicature” as the tradition of currentChina’s judicature.“The People’s Judicature” is the product of maxist legal theory’schinization, modernization and popularization, the theory of “the People’s Judicature” is oneof the important parts belonging to the Maxist legal theory, and the Maxist legal theory’schinization，modernization and popularization requires the study of the thoery of “thePeople’s Judicature” to develop itself. Based on the product of the former study about “thePeople’s Judicature”, Interpretating the theoretic expression about the political justice and“the People’s Judicature” in the political legal instruments of the Chinese Communist Party through text comprehension.study the practice of “the People’s Judicature” by measurableperiod of time, we can show the practical way of “The People’s Judicature” and the course ofthe Chinese Communist Party’s achieving the political justice more comprehensively，moreaccurately.In Chapter One, this thesis described “The People’s Judicature” and Marxistpolitical conception of justice. The logic start point of Marxist political conception of justiceis “the people” of proletariate, the kernel content is “the people” dictatorship of the Theproletariat, the ultimate object is achieving the comprehensive and free development ofhuman being. Marxist political conception of justice directed the people’s revolution of Chinaand the foundation of socialism system during the chinization process of Maxism. As thelogic start point of Maxist political conception of justice,“the people” of proletariat comes tosurpass its original meaning in new China, not “the people” of proletariat with the meaning ofclass struggle, but the carrier of equity and justice surpassed the meaning of collective andindividual.“The People’s Judicature” is the prescript of Marxist political conception of justice.With the direction of Marxist political conception of justice, the Chinese Communist Partycarried out the judicatory practice, formed a unique judicial philosophy and judicial mode,established “the People’s Judicature” system.“The People’s Judicature” becomes animportant and efficient way to achieve the justice of the Chinese Communist Party.In Chapter Two, this thesis has analyzed “The People’s Judicature” theoretically. The viewof the proletariat’s “people” is the outstanding contribute to Marxist political conception ofjustice and the law theory, is the product that Marx turned the bourgeois richman’s “people”meaning to the proletariat poor’s “the people” meaning in the Political and legal history ofideas. In today’s China, the meaning of “the people” is not the meaning of class, but surpassedthe collective and individual meaning, became the carrier of equity and justice, scanning andaccelerating the Chinese rule of law. The conception of “The People’s Judicature” is theconception with the character of China, it means the judicial philosophy, the justice mode, andthe judicial system. The meaning of “the people” determined the political conception ofjustice and the value orientation, the meaning and value orientation of “The People’sJudicature”changed with the meaning of “the people”. The political justice value of “thepeople” determined the ideology character of “The People’s Judicature”, as the ideology oflaw,“the People’s Judicature” has the function to agglomerate “the people” through judicature.With a view to the user of the judicature, namely “the people”,“the People’s Judicature” has the standard of “serve the people”.In Chapter Three, this thesis demonstrated the logic of achieving the political justice. Themeaning of “the People’s Judicature” depends on the meaning of “the people”, the politicaljustice meaning of “the people” can be realized by judicature. The present judicature rulerequires the interactive in reason between judicature and politics，discards political judicature.Politics cann’t intervene judicature, political judicature must form the conception of rule oflaw to direct the judicial practice by transforming itself into the conception of the rule of law,so it can come to achieve the political justice. The ideological theories, such as “serve for theoverall interests”,“judicature for the people”,“three supremacies”, are the congception of ruleof law which contains the conception of political justice of today’s China, they are directingthe judicial practice in China. There are inner connection and logic among the conception ofpolitical justice with the conception of rule of law.In Chapter Four, this thesis demonstrates the practice course of “the People’s Judicature” inChina.“The People’s Judicature” has never been cleared away from the judicial practice inChina, the political justice of the Chinese Communist Party also never departed away.Because of the different history task of political justice,“the People’s Judicature” shows apractice way from declining to repeating, from reviving to innovating. At present, the judicialpractice in China demonstrates that the revivaling of “the People’s Judicature” is not simplyregressing to “the People’s Judicature”, but innovating with long range ideality. Therevivaling of “the People’s Judicature” is the instrument, and the innovating of“the People’sJudicature”, achieving the equility and justice is the object. The putting forward of thedemocracy of workers and peasants, the democracy of people, and the people’s democraticdictatorship which demonstrates the Chinese Communist Party’s conception of politicaljustice in the context of Chinese politics, demonstrates that “the People’s Judicature” focuseson judicial modernization, focuses on the improvement of justice efficiency, so there are thepractice course from declining to repeating, to revivaling. The practice course of “the People’sJudicature” is the achieving process of the conception of political justice of the ChineseCommunist Party.In Chapter Five,we discussed the path of the realization of political justice throughjudicature in the strategy of rule by law. There is connection between judicature and politics,but judicature can not replace politics. It requests that politics does not interferejudicature,and the political judicature tradition should be changed in the strategy of rule by law. Political justice should be changed into the socialism idea of rule of law, and formedjudicial spirits. As a most important way of the realization of political justice,“the People’sJudicature” has the tradition of social reconstruction. In China’s transition period, to resolvesocial conflict and realize political justice by “the People’s Judicature” is badly needed. Thetradition of social reconstruction should be strengthened, in other words, realizing politicaljustice needs innovation in social management.The conclusion of the article shows “the People’s Judicature” is set by Marxistpolitical conception of justice.“the People’s Judicature” is a most important way of therealization of the conception of political justice of the Chinese Communist Party. Therealization of political justice through judicature in the strategy of rule by law is to transformpolitical justice into the idea of rule of law or the idea of judicature.“the People’s Judicature”should be directed by the idea of rule of law or the idea of judicature that contains politicaljustice. In China’s transition period,“the People’s Judicature” should be the trend of thejudicial reform in the near future. We Chinese need a kind of judicial that could settle China’sproblems and realize the conception of political justice of the Chinese Communist Party.China should strengthen judicial professional construction, and inherit the tradition of “thePeople’s Judicature”.