On The Judicial Justice And Its Realization In China

Justice is the eternal theme of judicial activities.Under the background of the times on the construction of the rule of law Chinese,integrating the two concepts of the China traditional ideas on the "justice" and the western principle on the "justice","justice" is interpreted as "fairness and justice",has become one of our consensus on the concept of socialist rule of law.At the same time,the socialist idea of rule of law that guided by Marx doctrine,is that understand the basic connotation of "justice",should not only adhere to the unity of procedural justice and substantive justice,but also adhere to the unity of legal standard and social standard.In order to realize the judicial justice,we must first ensure the legislative justice.Legislative justice is the basic precondition of the judicial justice.At this point,Marx and Engels thought,that the law should be "the Bible on the freedom of the people";that it shoud not be able to realize the judicial justice if the legislation was selfish;that the content of legislation should be in line with the "the legal nature of things" and the ethics.By exposing the class nature of bourgeois law,Lenin thought that legislation should be to protect the interests of the working class and make the provisions strict;that be good at compromise and coordinate the interests of all parties in the legislative process;at the same time,Lenin advocated the law should be repealed or amended with the development of the situation,for the need of revolution.As the main founder and the active participants of the new Chinese legal system,Dong Biwu believed that the legislative work should be done by investigating and studying,by brainstorming,and truly reflect the will of the people;should be done according to the practical experience,and learn from the experience of other countries.Based on the above point of view,in order to ensure the legislative justice,firstly,we should improve the system of the implementation and supervision on the Constitution,secondly,we should perfect the legislative system and mechanism,thirdly,we should further promote the democratic legislation and scientific legislation.In view of the establishment and improvement of a viable system of constitutional review is the most effective way to supervise the implementation of the constitution,and the existing problems in our country such as the lag of legislation,legislation corruptionlag,the alienation of judicial interpretation power,are in connection with the defects of the system of constitutional review.Therefore,perfecting Chinese constitutional review system is very important to ensure the legislative justice and to realize the judicial justice.Judicial independence is the foundation of realizing judicial justice,truly impartial judicial activities can realize only when the people's court and the judge can eliminate the intervention of illegal procedure and illegal reson in a trial.At this point,when criticizing the bourgeois principle of separation of powers and judicial independence,the significance of historical progress of it was also fully affirmed by Marx and Engels,displays in: first,revealed the progressive significance on the separation of powers and the independence of judicial power;second,pointed out the theoretical basis that the judicial power independent from the administrative power;third,cleared that the connotation of judicial independence includes the independence of judges.Lenin's thought of judicial independence,embodied not only in the theory and the instructions that guiding the judicial building,but also confirmed by the soviet revolutionary laws and the soviet constitution,the main contents include: first,the judicial power should be relatively independent;second,the Communist Party of China should not intervente independent trials.Based on the above point of view,combined with the regime of the people's Congress and the state of China of the social transformation period,we should promote the reforms such as "remove the localization","remove the administration ",strengthen the justicer occupation guarantee,regulating the leadership of the party's politics and law committee over the judicial work;improve the supervision of the Standing Committee of National People's Congress over judicial work,and ultimately build a China characteristics system of judicial independence.When vigorously promote the judicial independence,we must actively develop the judicial democracy,to prevent the judicial corruption and the arbitrary administration of justice,to ensure judicial justice.At this point,What Marx and Engels saying is abundant,displays in: first,pointed out the class nature and historical significance of the jury system of the bourgeoisie;second,cleared that judges should be generated by the democratic election and ready to be removed;third,payed attention to the supervision on the trial by the masses of the people and the social public opinion;fourth,the court trial should be in public.Lenin comed down in one continuous line with Marx and Engels on the judicial democracy thought,including: first,advocated that people should regularly elect representatives to participate in the trial,againsted a particular approach of the bourgeoisie that the proletariat and the masses of the people should be excluded from the jury by limiting the qualification;second,advocated that the judge should be elected by the people,against the judge's lifelong system of the bourgeoisie.Third,advocated that the trial should accept the supervision of public opinion and the trial should be public.Based on the above point of view,we should promote effectively the reform such as improving the people's jury system,improving the people's Congress system,strengthening the supervision of public opinion,improving the open justice system,and ultimately build a judicial democracy system that have Chinese characteristics.The practice of value concept of "justice for the people" is also an indispensable important way to realize the judicial justice.In this regard,mainly through criticizing the deprivation of the people's legitimate right by the bourgeois,Marx stressed that the country should regard the right to sue as a fundamental right of the people and to protect it.Lenin advocated that the justice should facilitate the masses as far as possible,put an end to the bureaucratic style of work.Dong Biwu's idea of justice for the people,has been fully reflected in his "people's justice" theory,specific include: first,the aim of justice is for the majority of the people,safeguard the legitimate rights and interests of people;second,the justice should be convenient for the people and take the methods that be most convenient for the people to solve the problem;third,pay attention to the letters and visiting from the masses and the appealing.Based on the above point of view,the people's court practicing the value concept of justice for the people,one is to establish and perfect the mechanism of justice for the people that be good for the people and convenient for the people,second is to solve the problem of " the six kind of difficult and three kinds of cases " by implementing SPC(2014)No.140 document,third is to strengthen the cultivation of socialist core values in all the judges.The judicial process is one process of interpretation that include the legal text understanding,interpretation and application.In the process of judicial interpretation,regulating the behavior of the judicial interpretation,ensuring the legal interpretation methods to be correct used,has very important significance for guarantee the correct implementation of the law,for prevent the arbitrary administration of justice,for the realization of judicial justice.At this point,Marx and Engels puted forward the following proposals: first,the application and interpretation of law should be done by the court judge;second,the legal interpretation by the judges in the judicial practice was an important supplement to legislation;third,the judge should interpret the law according to the needs of social development,reason and conscience,and not should be confined to the original intention of the law.Based on the above point of view,in order to solve the problems of regulating the behavior of the judicial interpretation,we should improve the "case guidance system" in order to strengthen the guidance of Marxism's philosophy of law in the trial work,to ensure that the same case,the same treatment and similar cases,similar decisions,and should also conscientiously implement the reform decision of "the construction of high-quality law special team " that put forward on the Fourth Plenary Session of Eighteen of the CPC,and improve the quality of judges by establishing and perfecting the system of judges.