Research On Judicial Maintenance Of Core Values

Core values are the consensus values or value clusters that are dominated by the state or explicitly supported by the state,the socialist core values are the national core values in the current historical stage of our country.The formation of core values requires relatively stable political order,strong integration of public opinions,representative subjects,relatively stable and continuous cultural concepts,which can be judged,screened and confirmed through specific procedures and methods.Core values are ideological,relatively stable and non-normative,the core values are the consensus of values in the political community,which are not absolutely universal,but national.Core values do not provide specific behavior patterns and do not directly contain any legal consequences.The core values are composed of two elements: the value and the direction of value exertion,and the internal values are incommensurable.The relationship between core values and morality,between legal principles and public policies constitute the main external relationship of core values.Core values need to maintain their authority through judicial activities,to be embodied through judicial activities,to deal with internal and external conflicts through judicial activities,so that they can effectively play a role in social life.The judicial maintenance of core values has sufficient theoretical support,normative basis and realistic motivation.In terms of theoretical support,the judicial maintenance of core values has historical universality.The value judgment that can not be bypassed in judicial procedure provides sufficient theoretical basis and institutional space for judicial maintenance of core values.There is an internal agreement between the judicial maintenance of core values and the stable and effective exertion of judicial functions,and the two can be shaped in both directions.At the level of normative basis,under the macro system that the State advocates the socialist core values which stipulated in Article 24,paragraph 2 of the current constitution,the judiciary should play an active role in maintaining the core values according to its own role in the framework of the national constitutional system,and the core values identified by the enacted law also need to be applied in the judicial process to maintain the authority of core values.In realistic power level,the pluralistic values of society need to be integrated by judicial activities,and the mainstream values of society need to be guided by judicial activities.The core values of judicial maintenance are the needs of the integration of national values and help to promote and improve the construction of the socialist judicial system with Chinese characteristics.As the national judicial organ,the judicial organ,through judging cases to settle disputes and stop disputes,plays the role of maintaining the national integration and social integration in the overall sense.In the sense of specific social system operation and community life maintenance,it plays a role in maintaining social fairness and justice and safeguarding individual rights.The judicial maintenance of core values has its own unique method.Judicial organs play an active role in maintaining core values through four methods: judicial translation,judicial application,judicial reconciliation and judicial declaration.Judicial organs use judicial translation method to translate core values from political discourse to normative discourse,and specifically translate core values through judicial interpretation,judicial interpretation documents and guidance cases;use judicial application method to interpret and apply core values that have been regulated into legal norms as the basis of judgment,and take the core values that have not yet been regulated into the legal norms as the reasoning basis for demonstrative application,fill in and apply core values when there are loopholes in legal norms;the methods of judicial reconciliation are applied to integrate the internal potential tension and external struggle of core values into the judicial field for value reconciliation;the methods of judicial declaration are used,and through typical cases,judicial mediation,judicial advice,judicial assistance and other ways to play a positive role in the declaration of core values.The judicial maintenance of core values can be divided into abstract maintenance and concrete maintenance according to whether or not the judicial organs clearly use core values in judicial actions.In essence,they maintain the functional convergence of core values,and in order,the abstract maintenance of core values should precede the concrete maintenance,when judicial organs are unable or do not have the conditions to carry out the concrete maintenance of core values,the abstract maintenance of core values should be given priority.In terms of effect,the concrete maintenance of core values is better than the abstract maintenance,through the clear use of core values by the judiciary,the importance and authority of core values can be highlighted,and the core values can be more concrete.Judicial organs and judicial personnel should uphold a positive position in maintaining the core values,but they should be modest in the use of specific judicial technology,should focus on the trial of cases to maintain the core values,and must accept the constraints of judicial procedures to maintain the core values in line with formal justice.The application of core values is forbidden to escape from general legal terms.It is necessary to set strict conditions for breaking through existing legal rules and using core values.We should recognize the limitation of judicial resources and capacity,which can not exceed the judicial supply capacity.From the empirical analysis of the current judicial practice,the maintenance of the core values of the judiciary has been carried out in various judicial activities,but the existing judicial practice for the maintenance of core values also exists many problems.The first is that the judicial will to maintain core values is insufficient,the second is that the standards of judicial application of core values are different,and the third is that the application of core values in the judgment is too rough.The main reasons for these problems include that judicial personnel's understanding of core values is not accurate,the method of judicial maintenance of core values is not fully grasped,the judicial application of core values is still lack of uniform standards,and the limitation of judicial resources and judicial supply ability.In view of these problems,this paper puts forward some suggestions to improve the judicial maintenance of core values.The first is to strengthen the will and ability of judicial maintenance of core values;the second is to unify the scale of judicial application of core values;the third is to correctly use judicial maintenance methods for three-dimensional maintenance of core values;the fourth is to effectively balance the ability of judicial supply and the maintenance of core values.