Research On Modern Judicial Idea Of Procuratorial Organs

The development trend and the value orientation of modern concept of judicature are the leading factors of deciding the judicial modes and exerting of functions of the judicial organ. This paper has analyzed the formation and development of modern judicial concept, discussed the close relation of promoting mutually and compatibility between modern judicial concept and justness of judicature, proposed the localized mode of rooting modern judicial concept into Chinese nomocracy, analyzed rationally all kinds of elements affecting the development of modern judicial concept of procurational organ in recent years, and proposed the adjusting and combining suggestions, and expounded the abolishment and establishment of the idea of supervision of litigation in the procurational organ by application of the epistemological idea of socialistic nomocracy, proposed five senses that the current procurational attorneys should insist on, tried to build up scientific judicial concept system that will realize the justness of judicature to the largest extent.Chapter one Formation and Development of Modern Judicial ConceptFirstly, the concept and characteristics of modern judicial concept have been introduced. The judicial concept is an organic integration of the concept in a sense of philosophy and the justice, i.e., the specialty of law, which implies the theoretical basis and the leading values that guide the judicial system design and practical judicial application. Modern judicial concept is a judicial concept integrating Chinese and foreign contents having the characteristics of subjectivity, comprehensiveness, and relative stability through examination and introspection on tradition, interactivity of the new and old.Secondly, the relation between modern judicial concept and justice has been discussed. The judicial concept acts on judicial practice and orientates at realizing justness of judicature, which relies on rational judicial practice,...