An Ethical Review On The Justice Of Judgement

The justice of judgement is not only a concept in law. It also contains abundant moral values and bears the important moral missions. We believe that its inherent moral stipulativeness appears from the moment of its creation. It should not only be function according to legal principles, but also activities with ethical rationality. The judicial crises (including miscarriage of justice and judicial corruption) appeared at present are both crises of legitimacy and morals. In a word, they are justice crises.This text explores the moral rationality of justice in a ethical view, with the purpose to achieve real justice in judicial practice.The first part discusses the concepts of fairness and justice, presentsthe ethic implication of justice, and maintains that the harmony of moralsand law is the inherent foundations of justice. It then expounds the ethicalcore of justice—'the corrective justice' and the ethical content of justice(the justice of form and essence, the justice of procedure and entity ) .The second part explains the justice's ethical evaluation and its structure, ethical function. The value of the justice is regard social interests as equally important as individual interests. Its content includes the value principle of sovereign rights, of order, of development, of human rights, of equality, of freedom, and so on. Its ethical function is to promote social morals construction, grow the healthy morals mental state and guarantee the citizen right. Sometimes, the due value of justice can not be realized in the life, just because of the abuse of the kind laws and the existence of the bad laws.The third part expounds the moral requirements by which justice can be realized. These requirements consist of legal system ethics, judicial subject virtue and social moral supervision. Legal system ethics include the ethical foundation of the legal creation and the moral requirements in the legal system operation; judicial subject virtue mainly includes the subject...