Research On Laws Of Judiciary

Obeying the laws of judiciary is a clear requirement for judicial reform,and it is also a major judgment on the profound conclusion of social history development.Since the 18 th National Congress of the Communist Party of China(CPC),General Secretary Xi Jinping has repeatedly emphasized that judicial reform must follow the laws of judiciary.Research on laws of judiciary can provide theoretical support and theoretical guidance for judicial reforms,and play a role in agglomerating reform consensus and reform forces.It is the only way to deepen judicial reform and promote judicial civilization.However,no consensus has been formed on the laws of judiciary in both theoretical and practical circles.In view of the various differences,contradictions and even mistakes in the issue of laws of judiciary,we must first conduct a comprehensive analysis from the epistemological level and then discuss the specific laws of judiciary.The reason why the laws of judiciary has become a problem lies in four aspects: with its objectivity and inevitability as a real problem,with its age and urgency as a new problem,with its fundamental and comprehensive nature as a major problem,with its continuity and focus as a minor issue.The correct method of understanding is the beginning and foundation of the study.Correct understanding on the laws of judiciary need to clarify the judicial law and a series of similar concepts related to the relationship and differences.Laws of judiciary is not the essence of justice,the two are the same level of the category,follow the same cognitive methods,but not the same.Laws of judiciary is not the characteristics of justice,the characteristics of justice or judicial logic of the essence of the extension,or the specific pattern of judicial diversity of the show,under the characteristics of the laws of judiciary.Laws of judiciary is not the value of justice,the value is subjective pursuit,while the law is objective,inevitable.Laws of judiciary is not the principle of justice,but the laws of judiciary is often presented in the form of judicial principles.In the system,there are two kinds of relations between the general law and the special law,the core law and the general rule,but the judicial system in the actual research can only be a loose and incomplete system composed of the core law and the general law.In addition,the relationship between the laws of judiciary and the ‘Chinese characteristics' is a problem that is prone to misreading.The ‘Chinese characteristics' is not used to demand ‘judicial law',both of which are requirements for the reform of the judicial system.It is not a question of understanding,but a practical issue in the reform of the judicial system.With a clear understanding of the method,it is possible to define the laws of judiciary,which includes the explanation from the perspective of ‘judiciary',‘law' and the combination of the two.The understanding of ‘judiciary' is not limited to any theory of the existing,and take the multi-level,sub-context understanding.The law is the essential,inevitable and universal connection of things and their development.It determines the direction and trend of the development of things.The law in the general sense is essential,objectivity,inevitability,universality,repetition,abstraction and other characteristics.Marxism considers the law can be divided into social laws and natural laws,both of which have a common characteristics of the law,but there are many differences,the fundamental difference lies in human activities.The understanding of the laws of society should be based on the general characteristics of the laws including the laws of nature,and should also give full consideration to the characteristics of social laws in repetition,universality and objectivity.The method of understanding social law should first be based on Marxism,pay special attention to the relationship between social laws and manifestations,pay attention to distinguish,identify the manifestations of the law,in which to find a fundamental,general content.On this basis,the ‘laws of judiciary' is defined as ‘laws about justice',on a larger perspective,to expand its scope to the judicial content in order to cover the widest possible impact,the many aspects of the judiciary and the different understandings of the judiciary,as well as the different forms of expression and possible development of the judiciary.The distinction between the internal law of the judiciary and the external law exists in the laws,and the scope of the laws in different contexts is different.In the expression of the laws,‘follow the laws',‘obey the laws',and ‘the operation laws of judiciary' and other means of expression,have avoided the specific content of the laws.The content of the meaningful study of the laws should be specific,including clear points of view and judgments.In addition to having regular general properties,the laws of judiciary also have the dual aspects of politics and theory.This is a very important but often overlooked part of the study of the laws of judiciary.The law of judiciary is not only a political concept,but also an academic concept,a political and rational unity.This kind of politics and the rationality also contain the attribute and the value two aspects,the latter is determined by the former special content.The political attribute of the laws is determined by the background decision of the laws and so on.It is the epistemology of the judicial reform and the embodiment of the subjective initiative in the methodology.The political value of the laws refers to the benefits that can be achieved by the rules of law in terms of the political objectives to be achieved.The political and political values of the laws constitute the political nature of the laws,which is the primary aspect.The academic nature of the laws means that the law is an objective object that can be recognized and needs to be recognized,and emphasizes objective regularity.The academic nature of the laws of judiciary means it can become the linkage and bridge between the Chinese judicial theory community and the practice community.Among the many laws,the three most important ones: the law of independent operation of the judicial power,the law of judiciary in accordance with law and the law of judicial justice.These three laws are in line with the ‘concrete independence and impartiality according to law' in the constitutional laws of our country to exercise the powers of trial and prosecution.Among them,the law of independent operation of the judicial power occupies a dominant position,and it is a fundamental law;the law of judiciary in accordance with law and the law of judicial justice are at a subordinate position and are two basic laws.The law of independent operation of judicial power means that the judicial power of the state can only be exercised independently by specialized judicial organs.This law contains two pairs of relationships.One is between judicial power and other national powers,that is,the independence of judicial power from other country powers,including the division and configuration of power in a static sense,and the dynamic operation of power.Second,the contradiction between the independence of the judiciary and the jurisdiction of the judiciary,of which the independence of the judiciary is the main aspect of the contradiction.Judicial power is independent of the relations of power in other countries,including three levels of independent judicial power,independent judicial organs,and independent judicial personnel.The jurisdiction of the judicial power is achieved through supervision.The supervision of the operation of the judicial power is the core.It includes external supervision,internal supervision and checks and balances between the three organs of the public security law under the Chinese legal system.The issue of judicial independence is still seriously lacking in our country's consensus.The first is the politicization of the independence of the judiciary.This has profound historical causes at home and abroad.The second is the diversification of the understanding of the independence of the judiciary,including standards,connotation and the understanding of judiciary three aspects.Compared with judicial independence,the law of the independent operation of the judicial power put forward a completely different theoretical logic,and insisted on the use of Marxism,with significant theoretical advantages.The law of judiciary in accordance with law means that all judicial activities must be conducted in accordance with the methods and principles stipulated by law.The core is the trial according to law.The trial must be based on existing laws.The trial must objectively apply the law.The trial activities must comply with the law.The legal form of this law is an important principle of ‘acting on the basis of facts and taking the law as the yardstick'.Nowadays,the statutory procedures and judicial reforms that strictly respect the strict observance of the judiciary must be strictly conducted in accordance with the law in two aspects.The law of judicial justice means that all judicial systems must be set up with justice as the highest value,and all judicial activities must use justice as the ultimate goal to be achieved,including procedural justice,substantive justice,and institutional justice.The close connection between these two laws is based on the premise of the independent operation of the judicial power,based on the construction of the legal system,judicature according to law is the path and guarantee for the realization of judicial justice.Through the elaboration of the epistemology of the law of judiciary and the interpretation of the specific laws,we can draw a conclusion on the practice of the laws.The study of the laws of judiciary is mainly a question of understanding rather than a matter of practice.The understanding of the laws cannot be directly applied to practice.In China today,a judicial system that conforms to the laws of judiciary can only be established through the reform of the judicial system,and it is naturally reflected in the normal operation of the judicial system.The reform of the judicial system is not only an important background for the study of the laws of judiciary,but also an effective way for the results of the laws of judiciary to play its role.At the same time,the understanding of the laws of judiciary can only be a process of constant deepening and constant self-correction.The study of the laws of judiciary is not something that any individual can accomplish on his own,but can only be a long-term project accompanied by the development of the practice of justice.