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Concerning The Judicial Social Effect

Posted on:2012-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:H CengFull Text:PDF
GTID:2166330335462906Subject:Law
Abstract/Summary:PDF Full Text Request
In our China now of judicial activities, we clearly see a tendency, that is, to quell public complaints and prevent further expansion, become the contradiction of the main goal. Meanwhile in judicial policy, pursue the legal effect "trials with social effect unified" has become an important, even occupy leading position the guiding principle. The social effect in the same position with legal effect come up, social effect extremely valued visible.The pursuit of social efficiency in China mainly for mediation of widespread, the public opinion has value judicial activism to judge the prevalence of socialist political requirements, put forward, etc. The influence of social effect in judicial, society is widely far-reaching effect still become keywords. The way to realize social effect from judicial philosophy to the execution of judicial procedure to law, is all-around stereo change.Chinese and western society effect connotative different. China's social effect of pursuit is harmonious, XiSong. Western social result mean maximally realize legal form the essence of justice under justice. China is the pursuit of social effect outside the law means, with sloping care ethics. Western law, no favoritism within the justice principles.The author thinks that in the long run, judicial legal effect shall also is our first pursuit, in many cases, even only pursue. The Chinese social effect has many hidden trouble. Concentrated expression in the overall damage to legal connotation. Regardless of whether the fairness, uncertainty, rule of law neutral conservative or the authority, it is a kind of erosion. Finally, the author thinks that the social result as legal effect of the topic of righteousness, is should pursue, especially in the current conflict in a transition period unprecedented outbreak. But we must set up such an idea:rules is social effect for real, only in the realization of the thoroughfare under the framework of legal effect can be achieved the best social effect.Finally, the author thinks that the social result as legal effect of the topic of righteousness, is should pursue, especially in the current conflict in a transition period unprecedented outbreak. But we must set up such an idea: rules is social effect for real, only in the realization of the thoroughfare under the framework of legal effect can be achieved the best social effect. Additional, still is supposed to establish a sound social other dispute resolution mechanism for judicial organs lighten the load, make it better realize its "company method of functions. For "legal effect and social effect unifies" judicial policy expression, the author thinks that the two should not be placed on a par, there should be a parallel position after a heavy first, there are light.
Keywords/Search Tags:Judicial, Harmonious, Society effect of justice, Judicial justice
PDF Full Text Request
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