Study On Judicial Justice And Its Realization On In China

Abstract:1,Objective. Nowadays more and more attention is being paid to social equity and justice in the background of constructing socialist harmonious society. The extent to which equity and justice are guaranteed is directly related to the extent to which our society is harmonized. Judicial justice is in no doubt the key factor of guaranteeing social equity and justice. However, the present situation of China's judiciary is worrying in which the limited judicial authority, serious judicial corruption, low judicial competence, contempt of procedure law, inaccessibility to justice and judiciary's relying on administration predominate. This situation, led to by various and multilevel factors, directly holds back the realization of judicial justice. These factors, if not understood correctly, will result in unsatisfactory outcome of China's judicial system reform and unharmonious interest and social relationship. On the other hand, as is said by the report to the Sixteenth National Congress of the Communist Party of China, we will strengthen legislation and improve its quality and will have formulated a socialist system of laws with Chinese characteristics by the year 2010. However, a system of laws will simply stay on paper if there is not a perfect judicial system. Therefore, how to restructure and perfect our judicial system is still an important subject both in theory and in practice. This paper is aimed to solve the above problems. 2,Methods. This paper use the methods of both normative research and empirical research. Firstly, based on the analysis of justice and judicial justice and on the comparison between China's traditional judicial situation and overseas judicial situation, between two judicial independence models, this paper set up the judicial justice criteria as it ought to be in the background of constructing socialist harmonious society. And then, empirical observation is carried out in order to find out the gap between the criteria and the present judicial situation. Last, in order to narrow the gap to the fullest extent, a study is carried out on the factors holding back judicial justice, and relative measures are proposed at the same time. 3,The statement in this paper is grounded on the following facts. First, it is based on China's present situation including the main contradiction, economic development level, political system,social culture, legislation and judicial system, the qualities and qualification of judges, etc. Second, the statement is based on the serious and prudent attitude towards the transplant of overseas legal culture. Third, it is grounded on the philosophy method which insists that one cause lead to several results, and one result be originated by more than one causes. 4,The innovations in this paper lie in the following facts. Firstly, this paper differentiates between substantial and formal criteria, and the latter includes legal criteria which procedure criteria belongs to, because procedure criteria is provided by procedure law. This can help us identify the approach to guaranteeing judicial justice. Secondly, the professional culture of judges and social judicial culture are regarded as important factors affecting the realization of judicial justice. Study on the culture background of judicial justice, together with studies on other factors, can avoid a narrow conclusion which is often drawn by hard-eyed attitude. Last, judge accountability is regarded as one of the key factors to guarantee judicial justice, and a unique measure on how to perfect the judge accountability system is proposed.