Comparison Study On Popularization Of Justice In The West And China

Presently in our country, the justice reform features underlining the role of justice refining and somewhat overlooking the popularization of justice in practice. Browsing abundant theses in this aspect, by means of comparison, dialectics, combination theory with practice and social investigation, etc. the author thus in this essay shares with you her thoughts on the practical significance and theoretical value of popularizing justice in the context of china's judicial practice and democracy. Besides, the author intends to arouse social attention, especially the attention in the law field to rectify the variance of justice reforming in theory and practice and puts forward the law outline and reforming approaches. The main points in this essay fail to be attached desirable importance in theory and practice circle, which also accounts for the current undesirable condition in judicial in our country, hopefully the author's efforts may as well touch the core.The essay consists of preface, main text and conclusion. The main text has four parts.The preface explains in brief the meaning of justice popularization and states the incentive and the main issues discussed in the article.Part 1 and part 2 are the main parts of the essay.In part 1, the author illustrates the justice popularization performs its role in the west by judicial organization, law principle and social forces. The argument comes to the background or functioning of the different mechanism in lawful practice, working mode and its significance in theory and practice. Part 2 focuses on stating the value and necessity of popularizing justice from the aspects of democracy, justice authority, supervising judicature and folk wits. These two parts pave for the further elaboration on justice popularization in china. Part 3 and part 4 are the core of this essay, which also the start and root of the essay.Part 3 describes the history of justice popularization in china. In retrospect of the outline of justice popularization in china and with the statement of our present working mechanism of justice popularization, the author analyses the dilemma and problems in justice popularization in our country. Its historical clues can be divided into three phases: in the late Qing Dynasty and afterward 1911 revolution till the found of PRC, the justice popularization began to sprout up then follows the stagnancy till end of 1970's years after reform and opening-up policy was carried out its healthy development. Present effective pattern includes jury system, people intermediary system, open jurisdiction system, and argument principal, party principal and supervision system of social forces. The problem consists of ideological misunderstanding, practice variance, sluggish justice supervision and conflicting judicial views.In part 4, the author states her viewpoints in how to promote the justice popularization in china in the light of the various issues mentioned in part 3.In the aspect of social consciousness to strengthen propagandizing of law and help people to set up new nomocracy notion. In the aspect of judicial reforming we should rectify the over-emphasis on judicial refining and do more on the construction of justice popularization system. In the aspect of supervision, we should made present modes more systematic and scientific. In conclusion, the author states once again the necessity and feasibility in implementation justice popularization in our county.