Study On Contemporary Chinese Judicial Culture And Its Cultivation

The judicial culture is an important part of the legal culture of a country, which carrying the basic pursuit of the judicial value of a nation. The judicial culture exists in the links of judicial system, judicial organizations, judicial technology, judicial ceremony and the like, with the characteristics of diachronic and synchronic, of nationality and professional. For a long time, scholars have conducted detailed research from multiple aspects of China's judicial culture, producing abundant outcomes. With the promotion of China's judicial reform in depth, some new problems continuously emerge. Facing new trends, the current research outcomes often show fragmented and static dilemma, which makes people cannot see the integrated and dynamic development of contemporary China's judicial culture. Therefore, this paper focuses on the historical development of Chinese judicial culture, combined with the development of China's current judicial professional community and the cognition of the public, explaining the specific path of the current cultivation of Chinese judicial culture systematically.In my point of view, the current China's judicial culture has distinct characteristics of socialism with Chinese characteristics. As far as the cultivation of Chinese judicial culture, it should combine the basic elements of the traditional judicial culture and the western judicial culture through legal inheritance and legal transplantation. Chinese judicial culture can be divided into judicial culture of the professional and judicial culture and judicial culture of the social public from the point of the subject. These two parts complement each other, are indispensable. The current Chinese judicial culture should be constructed from these two aspects. The judicial culture of the judicial professional is the core of the whole Chinese judicial culture, and the judicial culture can promote the formation of the judicial professional community in the function of identity cultivation, of radiation transmission and of image building. Judicial conscience is the premise of the judicial professional ethics, and it is the inner embodiment of the humanistic care and judicial responsibility. Under the guidance ofthe spirit of justice, the judicial professional make a fair judgment of the case underground of legitimacy and legality by consciously and actively applying the law. In the cultivation of judicial culture, the judicial professional is the main body. In order to gather the wisdom and strength of the judicial professional, to guide and inherit the spirit of the rule of law, it should cultivate the professional spirit of the judicial professional, enhance it's sense of honor and sense of belonging, enhance the centripetal force and creativity of the community of the judicial professional community. The judicial culture of the social public is also an organic part of Chinese judicial culture. The standards to evaluate the realization of the rule of law is not only lies on the sound legal institutions and perfect legal system, what really works is the social public's belief in rule of law and complex of rule of law, namely the degree of social public's acceptance of the judicial culture.Based on the above situation, this paper is divided into three parts: introduction, main body and conclusion. The main body is composed of five parts, the composition and function of judicial culture, the formation and evolution of judicial culture, judicial culture of the judicial professional, judicial culture of the social public and the cultivation of contemporary Chinese judicial culture.The first chapter studies the subject of connotation, constitution and function of judicial culture and the like. In my view, judicial culture is an important part of the system operation culture, reflecting the legal demands of members of the society. When the judicial system is designed and run well, a kind of good judicial culture is shaped automatically. While the influence and function of judicial culture is subtle and it leads to the formation of group personality and national character, which restricts the practical effect of judicial operation.The second chapter selectively analyzes the formation basis and evolution rule of judicial culture. Through the analysis of this chapter, I find that inheritance and transplantation are the two main ways of producing Chinese judicial culture. In the long history of the evolution process, Chinese judicial culture has characteristics of ethical and instrumental, emphasizing the basic concept of non litigation and settling the litigation quickly.The third chapter studies on the judicial culture of the judicial professionals. In my point of view, in the course of the cultivation of contemporary Chinese judicial professional spirit, we should pay attention to the cultivation of rational judicial culture,and take the road of legal professionalization. Through a complete set of legal professional system, including legal education system, vocational examination and training system, professionals selection system, occupational treatment system, professional institutions and the like, to train, instruct and educate the professionals like judge and procurator who are proficient in the legal theoretical knowledge as well as in operating and applying legal knowledge in real situation, so as to exercise the national judicial power by legal profession language, legal profession thought, legal profession knowledge, legal profession technology, legal profession ethics and so on.The fourth chapter studies on the judicial culture of the social public. In my opinion, China is still in the transition period of social development, the complexity of the social structure and population flow between the urban and the rural formed the unique judicial culture of contemporary Chinese social public, such as the influence of acquaintance society on judicial appeal, the rapid transformation of the judicial culture concept brought by the population movement, the influence of social public and public opinion on judicial practice. The credibility of the judiciary is still in the construction.The fifth chapter analyzes the cultivation path of contemporary Chinese judicial culture comprehensively. From my point of view, the cultivation of contemporary Chinese judicial culture need to surmount the traditional judicial culture, and draw lessons from the western modern judicial culture, and attribute the success to the people in reality. On this basis, this paper puts forward the specific programs to construct the judicial culture from the aspects of the construction of rule of law, judicial reform, publicity of the rule of law, system of legal services and supervision by public opinion.