On The Judicial System Reform Conceptions Under The View Of The Constitutionalism

The judicial system reform in our country has been carried out in the specific historic condition and social background, has been the entire transformation of judicial concepts and system with social requirements of the political and economical developments and has been a very complex and great systematical project. During the stage, kinds of new problems and situations emerge and aggravate the difficulty of the reform, as which the definitude of guidelines and scientification of objective orientation are of very actual significance. So, this article advances to scan the continuous judicial system reform under the view of the constitutionalism and explores its basic conceptions. From three elements of the constitutionalism: rule of law, democracy and human rights, the article macroscopically puts forward the conceptions of judicial nomocracy, judicial democracy and judicial human rights with the background of contemporary judicial reform. Then, the article accordingly interprets the connotations of judicial nomocracy and judicial democracy, and respectively poses the principles of judicial independence and judicial publicity as their core and emblem neutracosmicly, which guide the reform of the microcosmic judicial rules and systems. But because of the soft restrictions of concepts and hard restrictions of systems, the rules and systems have given rise to intensions each other, which can be attempered by judicial human rights. Judicial human rights are the ultimate conception abided by the judicial system reform, because the principles of judicial independence and judicial publicity themselves are the principles of judicial human rights, that is, judicial independence is the premise of even protection of ontic rights, and judicial publicity is the vital factor of indemnification of procedure rights.