On The Judicial Rationality

It is the great state policy that the 15th National Congress of the Communist Party of China puts forward to " run the country according to law and build the socialist country governed by law ", from that moment, an ideal pursued and realizing untiringly of ours of construction of the society governed by law. The development course governed by law of the human civilized society is shown clearly, rule by law is the combination of static good law and dynamic justice. From this point, rule by law has itself inherent demands, in legislation, demand to reflect objective laws, accord with the good law products with standard justice; in justice, require the law to be confirmed and carry out fairly. We can say justice is the most important and critical part in the course of realization of law by law. The spirit's realization of rule by law really appear, goal of value and idea rule by law, must through judicial practice and show, could be accepted and believed by people. The reason and rationality are couple's very important categories during the process of developing with operation in law. It is exactly under the leadership of the reasonable doctrine, the mankind begins to pay attention to and high praise the written law, make the law determinacy, stability and predictability. But the inherent lagging of the written law, make the written law and social development have a kind of unavoidable tension. The abstract legal rule can not form the corresponding relation that the direct firm word does not change with complicated social life, regular universality is at a loss as to what to do in front of the variety that the society lives sometimes. In the judicial course, face the appearance of the dispute, there is judicial responsibility according to the social major values as "a end line of just of the society ", objective law and operating the law to award these disputes rationally by itself of the social development. So judicial rationality research is a avoided subject in the course of rule by law. Our research is from construction of the theory to course of application approach. The article is divided into three chapters, chapter one is the study on basic problem of judicial rationality, chapter two is the realize research of judicial rationality, chapter three is the study on the striving direction of China's judicial reforms under the guidance of justice rationality. In chapter one, we regard the interpretations of the reason and rationality as the basic point at first, integrate survey the concept of the rationality of law, draw the understanding judicial rationality and put forward the concept of judicial rationality. Namely, judicial rationality is the unity of value and truth justice, it is the justice to meet demands of the people and the judicial objective law which accord with the social development and attribute of its one's own rule of development. It has itself inherent characteristic, objectivity, subjectivity, history and expansionary etc. Analyzed in terms of form and content, judicial rationality can be divided into judicial form rationality and judicial essence rationality. Pass to such comparison which is correlated with the concept as judicial rationality and judicial legitimacy, judicial rationality and judicial justice etc, in order to understand judicial rationality. In chapter two, we summarized the realization's conditions of judicial rationality through tracking back the development's process of human law. The realization of judicial rationality need judicial independence, judge professionalism, judicial process system and advanced judicial culture accumulation. In chapter three, we straightly face up to our judicial reforms. Announcing the judicial reform of our country calls this theoretical direction of judicial rationality urgently, summarizing the influence factors that hinder the China's judicial rationality to realize, attempting to analyze the China's striving direction that promote China's judicial rationality to realize.