On The Theory Of Contemporary China's Judicial Values Conflict And Integration

The research object of this thesis is the judicial value. Inrecent years, with many influential cases accumulated into publicview, justice has gradually become the object of widespread concernin the community.However, in the judicial cognition but there are verylarge differences. This paper believes that the main reasons causingdifference of judicial notice is the value conflicts of judicature.The full text is divided into three parts: introduction, body andconclusion. The introduction part introduces the topics of the reason,the significance of the topic,the research theory basis. Theconclusion is the purpose of writing this paper elucidated, is theconclusion of this thesis. Giving is a few rounds of part of this paper.There are five chapters in the text.The first chapter introduces the four characteristic valueconflict of contemporary Chinese judicial view: the intensity ofconflict, the complexity of the conflict, the conflict continued, theprofound conflict. These features are not social justice on theprojection, but due to the particularity of justice, thesecharacteristics in content and show their personality.The second chapter summarizes five expression of conflict ofvalues of contemporary Chinese judicial view of facts: the conflictof values, the program functions between the referee basis, theconflict, the referee results on the conflict, the conflict ofjudicial supervision.The third chapter analyzes the seven causes of the conflictbetween value of contemporary Chinese judicial concept: evaluationlogic differences, disputes the diversity of interests, proceduraldifferences, statutory limitations, the legal relationship of thenovelty, legal value, legal value relativity of multiple element.The fourth chapter summarizes four principles of integration ofjudicial values conflict: program the supreme principle, the orderof value, adhere to the principle of legal principle, the principle of justice case.the fifth chapter put forward six path conflict of judicialvalues integration view: redefining judicial function, to establishjudicial core values, to cultivate citizens legal belief spirit,grasp the case justice scale, improving the open system of publicpolicy, to play the function of justice.The conclusion of this paper is: we are now on the judicialfunction and role of understanding is one-sided, function and roleof justice is not only the surface of the settlement of disputes andprotect the legitimate rights and interests, justice has formed thefunction and role of mainstream values and integration of valuesconflict. We should put the case as the epitome of social conflict,from the case of disputes in the whole social value division andconflict’s pulse, and depart from justice to solve the problem. Thejudicial activities is not only to solve the case of contradiction,but the social values conflict a legal practice institutional remedy,is to provide a cohesive common.