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On Justice And Condition Of Judicature

Posted on:2005-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:F F LuoFull Text:PDF
GTID:2156360152970834Subject:Law
Abstract/Summary:PDF Full Text Request
As a value, justice of judicature is an important part of modern law and has become a hit in the recent years. Justice of judicature is the top idea of judicial administration as well as the top expectation from the whole society. To turn the top idea and expectation into reality, which is recognized by the people concerned and the whole society, is a project researched by science of law and judicature. And to define the connotation, standard and condition more reasonably is the premise of realizing justice of judicature.This essay contains two parts. The 1st part expounds the connotation of justice of judicature, which includes the justice of entity, procedure and practice. Only if they represent justice, could the flawless justice of judicature be achieved. The 2nd part is the main body of the essay, expounding the condition for justice of judicature. Creating the condition for justice of judicature involves not only judicial units. It is a multi-angle and multi-dimensional systematic project that needs the cooperation and effort from the whole society. Specifically, the condition of justice of judicature can be concluded as the following four points. Firstly, it's the condition of idea — to build up the idea of independent judicature and the holy of law profession. Secondly, it's the condition of systematic law. The justice of legislation is the premise of justice of judicature. Legislation should represent justice and upright value. In the systematic setup of judicial procedure, the opportunity of judicial protect for the people concerned should be achieved. We should make up for the disadvantage of entity and get enough and harmonious kind of laws. Thirdly, it's the exterior condition. It mainlymoderates the relation between judicial units, administrative units, media and lawyers, expounding the above mentioned systems should keep the principle for the justice of judicature when they handle the relation with the judicial units. Fourthly, it's the interior condition. As for the judicial units themselves, to realize justice of judicature, they should be armed with some quality. Taking the court as an example, we should change the mode of administration and allow the juror to try the case independently; reform the style of trial, wholly carry out the opening trial; enforce the system of interior judicial supervision, strictly punish the judicial corrupt; establish a judicial team of high quality, gradually make it professional and quintessential.
Keywords/Search Tags:justice of judicature, connotation, condition of idea, condition of systematic law
PDF Full Text Request
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