The Research Of Legal Evaluation In The Perspective Of Philosophy

As an era proposition, rule of law can be fully realized only in the judicial practice. As an important area of judicial practice, legal evaluation embody centralized practice activities which judicial authority apply law to. The judicial authority include the people’s courts and the people’s prosecutors. The legal evaluation activities by the people’s courts exercising jurisdiction and the people’s prosecutors exercising right of prosecution supervision, adjust accordingly the social relations through laws on paper into laws in reality. This is the requirement of governing the country by rule of law and building a socialist country ruled of law.China is currently in a period of transformation from former law society to society ruled of law. As the same time, jurisprudential studies transform from the legislative law to the judicial law. The judicial authority exercising their power should be put forward higher requirements. However, now many are typical public cases and judicial events, which reflect justice against people and injustice and so on in the legal evaluation. And the academic research is an area without adequate discussion in China’s academic circles. Therefore studying legal evaluation are important practical significance and theoretical value.The judicial authority exercising their rights is an important embodiment of judicial power. Law evaluation is the organic manner of national authority evaluation activities. The national will and the enforcement in law evaluation embody authority characteristic of national authority evaluation activities. Law evaluation is the real form of social group evaluation and rule of law society selfevaluation. The research of law evaluation in the perspective of philosophy provide essential awareness of law evaluation. This guiding legal practice in real life, can profoundly reveal the significance of law evaluation.Law evaluation is a special legal activities, which include that the people’s courts exercise jurisdiction and the people’s prosecutors exercise right of prosecution supervision in case, to use inductive or deductive logic to judge legal facts,legal action,legal evidence,legal norms,legal procedures and rights and obligations of parties in pre-litigation and litigation procedures. It is different from social evaluation activities to legal norms and judicial activities. The people’s courts and the people’s prosecutors can also evaluate their behaviors. This behaviors do not belong to the legal evaluation activities, because it does not belong to exercise power and does not produce legal effects.The basic theories of law evaluation include logic,the nature,type,mechanism,contradiction and paradox of law evaluation.(1) The judicial authority exercising their rights is the judicial activity to show people’s subjectivity.(2) Legal logic is the starting point of the law evaluation study, which is the natural logic to solve the people’s problems into legal issues in law evaluation activities.(3)The people’s courts exercising jurisdiction and the people’s prosecutors exercising right of prosecution supervision are two basic types of law evaluation in judicialactivities.(4) Law evaluation is the core mechanism of the society ruled of law, and the consensus mechanism of law evaluation is the core of mechanism of law evaluation, so the consensus mechanism of law evaluation is the core of the core mechanism of society ruled of law.(5) The conflicts between public and private of judicial authority and their staff is the basic contradiction in law evaluation.(6) The paradox of law evaluation associate with subject’s responsibility. The judicial authority is not necessarily the realistic subject of social subject, but it is always the realistic liability subject of social subject. In fact as the realistic liability subject, the judicial authority’s responsibility must be borne by all members of the community to.Therefore it causes the paradox of law evaluation.Law evaluation mainly influenced by public opinion, lawyers and legal experts,as well as the leadership of the party and administration evaluation in society.Through case analysis on the influence of these social factors to law evaluation, we can reflect the existing judicial institutions and mechanisms to promote judicial reform. The social role of law evaluation is mainly in that it is an important content to innovate social government, an important force to push forward social change, an important way to achieve social justice. As an important content in philosophical reflection, law evaluation should gear to the needs of the society in order to achieve judicial justice and protect human rights. This requires us to pay attention to the social consciousness, to accurate understand the social provisions, to dialectic regard the social criticism in law evaluation.The culture of rule of law is in the process of legal evaluation to form and develop. Legal evaluation is the reality carrier of the culture of rule of law. As an important part of the culture of rule of law, the spirit of rule of law consciously reflect the culture of rule of law by showing the value of rule of law, and permeate the level of the culture of rule of law to “achieve self-awareness”. The culture of rule of law have the constitutionality,legality and reasonableness characteristics. Court culture and prosecutorial culture are both the culture of rule of law in law evaluation.Discussing the interrelation between the court culture construction, prosecutorial culture construction and the current judicial reform is of special importance to study on Chinese judicial reform.Legal times include that people think and act by rule of law, uphold the principle of the supremacy of law in law evaluation, consciously safeguard the dignity of rule of law and establish the authority of law. However in social transformation, a lot of people and even some judicial authority and their staff orientate incorrect the law evaluation. So we need to analyze causes. The theme of legal evaluation of legal times is the modernization of legal evaluation. Much attention has been payed in human dignity, human purpose and human rights in legal times. Human dignity is the most important value for the Constitution and laws to realize. Only for achieving human purpose, can highlight person’s absolute value, as well as social public goods.Legal evaluation can effectively maintain human dignity and human purpose through realizing human rights. As a response of legal times, law evaluation should return to the spirit of rule of law to construct the country ruled of law, to humanistic spirit toconstruct harmonious society, and to times spirit to reflect and develop.