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The Construction Of The Judicial Evaluation In Our Country

Posted on:2005-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y M DengFull Text:PDF
GTID:2166360155967832Subject:Law
Abstract/Summary:PDF Full Text Request
The judicial evaluation is a value judgment on the judicial function, purpose and result of judical acitvity. The natural characters such as the judicial independence, neutrality, procedurality and justice of the judicial purpose decide that the judicial evaluation is only a legal criterion ,but not politics o moral criterion. Among the legal criterions, compared with the substantive justice ,the procedural justice has more legitimacy :First, The adjective justice is no normal and clear concept; Second, it is irreal to abandon the substantive justice regarded as a conventional concept, but we must give it the new explanation. We couldn't mix the static substanive justice in the "paper rules" with the dynamic in the result of the judgment, the bridge joining the both is the procedural justice. The static substantive justice provides the judgment base, however the dynamic is the result uder the proper procedure ,that is to say the procedural justice contains the proper procedure and the consequential justice. Therefore, the judicial justice is exactly the procedural .The procedural justice has the function of value expression and the function of value judgment on the judicial justice, these two function make us not to give up in pursuit of the legislative justice and the justice of judgment result and satisfy the needs of the society for order and safety. Finally,from a practical angle ,the procedural justice has become the general concept of justice in the western society ruled by law .Due to the influence of the cultural tradition of the revolutionary law, the political criterion has been the main judicial evaluation criterion in our country for a long time ,it is the result of the legal nihility and conversely leads to the legal nihility , especially the nihility of the procedural law ,causes the harmful cycle. Since we put forward the object of building a legal country ,we must take the procedural justice as the judical evaluation criterion ,it is the psychological reply that must the be made in the course of legal construction ,The realization of the procedural justice criterion needs overall push of the legal and cultural constructions, but at present the key to the realization of theprocedural justice criterion is that the subject of the power renews the concept from state law to the social law, perfects the system of transforming the national legislation into the people's legislation and liberates the administration of justice from dependence on politics in order to make keep real independence in the political life.
Keywords/Search Tags:judicial evaluation, political criterion, procedural justice, substantive justice on paper
PDF Full Text Request
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