The Study Of Judicial Justice

Justice is an important public relief forms, shouldering such important duties as providing public relief and punishing criminal offenses, resolving civil disputes, supervising operation of power, safeguarding national social and economic order. Justice is the last line of defense for social justice, whether justice is fair and impartial directly concerns with whether social justice can be achieved. This paper tries to criticize and reflect on issues of justice from an ethical perspective.Judicial power is an important part of state power, which is a core element of justice.Judicial power has such attributes as independence, procedural, passive, neutral, timeliness, certainty and etc. During The process of operation of justice is mainly operation of the judicial jurisdiction.Therefore, this paper will consider the ethical reflection on jurisdiction as the logical starting point to research judicial justice, and build the theoretical framework of justice study, explore the ethical premise,value targets, base of rules, institutional safeguards and the body’s dimensions of judicial justice.Justice is the basic form of justice realization, its prerequisite is the law itself is good law which embodies the spirit of justice, it can promote realization of the value of justice, and can provide preconditions for the proper operation of the judicial authority and the manifestation of justice. This paper clarifies the content of good law and the base and the program of formation of good law based on analysis of values of good law to freedom, justice and and investigation of the dispute on "draconian law" and "draconian illegal".Substantive justice is identifying, standardizing and adjusting the rights, obligations and responsibilities of the parties which is conducted by judicial subject based on good law to ensure ruling legitimate, just and reasonable. This article will thinks utilitarian as ethical basis for substantive justice, emphasizing the emphasis of substantive justice is to grasp the spirit of justice, focusing on safeguarding social fairness and promoting harmony among people.To achieve substantive justice, we should follow such two principles as the legitimacy and rationality of exercising judicial power, we should not only play the role of discretion, but also put ethical regulation on it.Procedural justice emphasizes that judicial procedural rules or legal provisions cited should comply with law or legal principles, requires that the judicial process is fair and according with legal procedures, respects and safeguards the legitimate rights and interests of the parties. To achieve procedural justice, justice should follow the legality, equality, neutrality and openness principles.The real core of judicial independence is that judges can hear cases independently, without intervention from any authorities, groups or individuals in accordance with their inner self-awareness, conscience and established legal rules. Judicial independence is the system security by which judges can exercise judicial power, its fundamental purpose is to achieve justice. Division of state power, ruling justice, strengthening authority of law and uniformation of legal system require that judiciary must keep idependent.To protect the independence of the judiciary, such systems as election of judges and their post term, substantial safeguardsand and civil immunity system should be perfected.On the other hand, we should continuously push forward the reformation of court system, judicial reformation and other aspects.The realization of justice requires judicial body who is ultimate bearer of judicial body. Judicial body implements social justice, corrects the imbalance between the interests, guards justice and acts as transcendent rational person of discretion. Therefore, we must consider the problem of achieving justice from the prospect of judicial body. Justice is a virtue, the virtue of judicial body requires two situations: Firstly, under the guarantee of more adequate institutional ethics, judicial body needs integrity virtue; secondly, under the lacking of institutional ethics judicial body does not need moral integrity, but also need such virtues as fair, brave, clean, etc. The realization of justice calls for judicial body shaping the virtue of justice, moral education should be strengthened in order to build the main virtue, focusing on the cultivation of virtue judicial body; strengthening the system construction of the Statute to prevent judicial body making non-rational choices to curb judicial abuse of power and corruption.Justice plays an important role on safeguarding market order and social harmony and stability, but many bad things appear in judicial practice.These things incloud law and discipline of judges, unfair trial, miscarriages of justice, low judicial efficiency, weak enforcement of judgments and other judicial power of alienation.All these things have seriously weakened the authority of the judiciary and judicial credibility. Based on the reasons for alienation of judicial power and performance, we should promote the reformation of judicial system and foster judges’professional ethics from two levels of system and subject in order to defuse the problem of alienation jurisdiction, while focusing on governance of the social roots of alienation.