On The Construction Of China's Modern Judicial Ideas

After a 5-year China's court system reform that began in 1999, both thescholastic and the law have realized that judicial reform afterwards should put its firststep on the advance of judicial ideas. Designing the structure of China's modernjudicial ideas (thereinafter abbreviation as "CMJI") is of practical meaning. Attendingby the advance process of the Justice-for-the-People (thereinafter abbreviation as"JFP") were arguments that does it fit in with modern judicial ideas (thereinafterabbreviation as "MJI") and what kind of a status should it take in the construction ofCMJI? Trying to answer these questions and making a primary design of the wholestructure of China's judicial ideas are the topic of this article. The writer usedhistorical, philosophical, logistic and comparative means to probe into those relevantwritings and China's justice actuality, liquidated the development of judicial ideas andChina's traditional lex culture on a macro angle.In this article, a judicial idea is an important part of justice and will directlyaffect judicial practice. MJI are born mainly from two ways and got mature with themodernization of western countries: one is the individuality movement derived fromand was accelerated by the latter-day European humanism;the other is the Balance ofPowers system which was established after the latter-day bourgeois revolution.Nowadays "Neutralism", "Equality", "Transparency", "Equity", "Efficiency","Independency" and "Civilization" have become the commonly accepted content ofMJI that tends to have the same rule under the background of globalization. TheChinese traditional judicial ideas from traditional lex culture are of special value tothe configuration of CMJI. We should absorb MJI for reference, so as to realize thevalue-system transformation of Chinese traditional lex culture to a modernized one.JFP is an elevation of MJI in China;it is also an inheritance and development of thetraditional judicial ideas of Putting People First and the Politics-of-the-wise whichwill be more important to the construction of CMJI. As to the contents of MJI, theycan all be guaranteed to realize through systematic design while merely JFP can not,it must be guaranteed to realize by judges' internal moral essence. Comparing theseideas, JFP Idea is about moral, spirit, belief and should be of priority. According tothe trend of modernization, localization and globalization, distinguishing therelationship among all judicial ideas, the writer at last bravely brought forward aspecial design for the structure of CMJI:JFP idea as the privilege one while the otherideas play an abiding role coherently and synthetically. JFP idea should keep theopenness of justice and the respect for the people, seeking truth from facts andkeeping pace with the times.