The Rational And Legitimate Analysis Of Try System

Judicial reform has been in a very difficult condition when Chinese society has beengoing through great change and the deep contradiction begin appearing during the conectionof two centuries. As the consequence of comparing the way of reform, the author choose trysystem which is the moderate concept and analysing angle of legitimacy and rationality.Legitimacy and rationality are the method and latitude of analysing society system andnorm with society and philosophy theory. The author analysed the other theory of legitimacyand rationality, and got the theory , method and angle of legitimacy, rationality and trysystem.The try system in reality, includes four concrete parts, has different levels of supportingtheory, specific characteristicof system, try standard, administration demand of judge andcourt. After introducing the theory, author analysed formal rationality, substantive rationality,formal legitimacy and substantive legitimacy, put forward the demand of administering judgeand legislation on the demonstration of the theory and analysing the typical rule and case.On the basis of rational relativity and Chinese society condition, author put forward theadvice of perfect try system, establish ensuring system of court working and effectiveadministering system of inside court, establish scientific and systematic administering judgesystem, strongthen analyse and persuade rule.