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On The Judicial Justice And Superintendence Of Public Opinion

Posted on:2001-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y FuFull Text:PDF
GTID:2156360002452844Subject:Marxist philosophy
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All modern civilized societies are almost the ones that have the consummate and developed laws.In our country,"Ruled by la\v,constructe the socialist legal country"has been clearly advanced in the 15th Session of the National Congress of the Communist Party of ChinaRuling a country by law is a general plan administering a country and a huge social systerms engineering,which requires not only the perfect harmony of the internal systerm of law-----legislation,judicature,enforce law and superintendence,but also the perfection and improvement of theexterior systerm-----politics, economy^norality and culture.Only when both of them coordinate,unite and complement each other,can the social order be kept perfecter, can the material civilization, the spiritual civilization and the systematic civilization be gradually promoted, can the thorough advancement of the whole society be pushed forward continuously. Among them, the key factor is the judicial justice because it is the soul and life of the trial and the orientation of the value of the modern legial systerm.The judidial justice is the ideal just result where the right and the duty owned by the litigant can be correctly distributed by the the staff who go in for the judicial activities,based on the legial procedure, according to the basic principles and regulation of lawsuit.lt contains the entity justice, procedure justice and result justice.The entity justice means that the right owned by all the members of the society and the duty undertaken by them are just and reasonable.lt not only comprises the right and the duty stipulated in the entity laws and the punishment given to the actions which encroach on the lawful rights,such as violating law , committing crime and so on, but also the basic law principles and systerms stipulated in the procedure laws to fully protect the rights owned by the people.lt is the base of the judicial justice and it also is the start and the destination of the procedure justice. The procedure justice is the objective process that the judicial staff are true to the facts and the laws,according to the legal programmes strictly.lt is the methods used to make the entity justice come true and the reflection of the legal justice in the procedure.The result justice is that the judgement made by the judicature mechanism through the trial conforms to the entity justice and the procedure justice simultaneously.i.e.the result is right and accords with the just and the justice. It not only embodies the procedure is fair, but also the judgement is true to the facts and law through the implementation of the procedure justice,and still embodies the essentials of justice in the legislation. 1,Treating the both sides of the litigants equally;2,being true to the law and fact;3,the thorough process of the judicature punishing the evil and protecting the legality are its concrete forms.Therefore, the entity justice, the procedure justice and the result justice are the three important contents in the judicialmactivities and they connect closely with each other. Their harmony and unity are the true connotation of the judicial justice.However, the judicial justice is destroyed by the unfair judicature and the corruption.Such actions have reduced the people'sbeliefs to the law , demolished the dignity of the law,blocked the construction of our law seriously,and even made the final defendent wall of the just and justice almost collapse.Now they have become the focus the public have paid more attention to. The main reasons caused the present conditions are as follows: 1,seeking the private profit;2, being unfair in the procedure;3,the low quality of the staff;4,lacking the efficacious systerm of supervision.In fact,its essence is the abuse of the power.This is because the power has such the reverse characters as seperation,utility,concealment and perniciousness.So the power must be superintended.Using a kind of power to supervise other power is a precept of the rule by law believed in the modern society.And using the public o...
Keywords/Search Tags:Judicial Justice, Restrict power, Superintendence of Public Opinion
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