Research On Judicial Harmony

Justice is the final mechanism in resolving social disputes. Without judicial harmony, social disputes are difficult to be resolved efficiently and social contradiction will increase and accumulate, leading to intensification of contradictions and ultimately affecting the social harmony. Only under the conditions of harmonious justice, social contradictions can be resolved effectively. Putting forward and establishing the idea of judicial harmony is beneficial for development and perfection of judicial system of our country, best maintaining normal litigation orders and promoting quality of judicial work, thus improve fairness, high efficiency and authority of justice, and then strongly maintain the social fairness and justice.This article takes judicial harmony as object of study, with total6chapters, around130,000words. The main contents of each chapter are as follows:Chapter1, Introduction. Firstly I analyzed the background and meanings of topic selection, considering the idea of judicial harmony is important components of harmonious society theory and raised under the background of building harmonious socialist society. The research and exploration of judicial harmony has great theoretical and practical value. Secondly, I carried out literature review from aspects of connotation, value, meaning, and objective of judicial harmony, performance and reason of judicial disharmony, measures of realizing judicial harmony. Thirdly, I discussed the main content, research ideas and research method of thesis. Finally, I summarized the innovation of the article, including strictly discussing concept justifying of judicial harmony, systematically analyzing connotation and features of judicial harmony, deep research of composition of judicial harmony, detail dissection of main performance of judicial disharmony of our country, systematically raise macroscopic approach of promoting judicial harmony, comprehensive discussing on system reformation on promoting judicial harmony etc.Chapter2, Interpretation on concept of judicial harmony.1, Discussion and definition were made to connotation and relationship of justice and harmony.2,Discussed concept justifying of judicial harmony from4aspects, including:the value of justice seeking harmony, the function of justice maintaining harmony, the running environment of justice requiring harmony, judicial harmony aiming at expressing value pursuit and ideally status of justice.3, Considering that judicial harmony should be individual harmony of jurisdiction, i.e. ideally status of running of jurisdiction is judicial authority and judicial official exerting judicial function in accordance with judicial law, ensuring jurisdiction well and scientifically operating according to law to resolve disputes or contradictions effectively, acquiring comprehensive acceptance, then guarantee and improve the value pursuit and ideally status of social harmony.4, Carrying out summarization and analysis on main features of judicial harmony, considering judicial harmony having obvious features of epochal, individual, lawful, coordinative and practical.Chapter3, Analysis on key elements of judicial harmony. Considering judicial harmony is individual harmony of jurisdiction, i.e. ideally status of operating of jurisdiction. Meanwhile, it declares publically harmonious value orientation of justice. The harmonious value orientation of justice isn’t single, but composed of a serial of key elements of main stream judicial value, mainly including judicial fairness, judicial efficiency, judicial authority, judicial civilization, judicial honesty, judicial democracy, judicial incorruptibility, and judicial identification. Judicial harmony is organic unity, Coordination and balance. Jurisdiction must stick to these key elements of main stream value. During conflicts of main stream value, the article also made deep analysis and discussion on the sequence, selection and rejection.Chapter4, Main performance of judicial disharmony of our country. Start from the concept of judicial harmony, I combed the main performance of judicial disharmony of our country, including disharmony of judicial status, disharmony of judicial effects, disharmony of judicial adjudication, disharmony of judicial implementation, disharmony of judicial monitoring, disharmony of judicial administration etc., and carried out detail analysis.Chapter5, Macroscopic approach on promoting judicial harmony. Mainly including: promoting judicial harmony, requiring judicial authority and judicial officials must establish idea of judicial harmony; Must adopt effective measures to promote quality and ability for resolving disputes and contradictions and improving harmony of judicial officials; Must establish effective restriction and monitoring mechanism to guarantee judicial authority exercising the power independently and according to law, and reform judicial procedures to prevent and punish judicial corruption effectively; Must make public of judicial information, improve judicial transparency and push forward positive interaction of justice and media; Must strengthen administration of image of justice, promoting professional image of judicial authority and judicial officials to win people’s wide recognition.Chapter6, System reformation on promoting judicial harmony. Mainly including: should reform judicial relief system from increasing relief contents and methods, expand applicable objects, increase related procedures etc., improve its substantive perfection; Should re-structure principle system of court mediation, and strengthen pretrial mediation, perfect court mediation system, and build ADR system of justice of our country, set up court-annexed mediation form; Should perfect the people’s jury system from aspects of regulating management process of peoples assessor’s work, perfect assessing and restriction mechanism of peoples assessor’s work; Should gradually eliminate unreasonable Implicit rules in the judicial trials, perfect the open trial system; Should structure compatible type Judicial enforcement system, break difficult implementation problem; Should learn from beneficial experiences of restorative justice, to further improve the community correction system.