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The Value Tropism Of The Judicial Reform

Posted on:2008-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:J P YuFull Text:PDF
GTID:2166360215468959Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China judicial reform started in 1980th, it reflected the external requirement of China societal constructure and running way. Justice and efficiency, as value tropism of judicial reform, there were profound historical background and societal reason which was put forward, there was a result as well that was effected by the own law in the judicial activities.Judicial justice is the base judicial activities exist, including entitative justice and procedural justice, at the same time, efficiency is also judicial necessary requirement, there is no judicial justice without judicial efficiency, there must be judicial efficiency certainly if making sure judicial justice, these two lie in the judicial value target which are opposite and unitive each other. Under the precondition of insisting on to ensure the justice, it is a valid approach to achieve the best balance between two sides that harmonizing the conflict between judicial justice and efficiency by value of proper procedure.Judicial justice and efficiency are the value core and base of judicial reform, which every value constitutional factors reflect and embody value requirement of judicial justice and efficiency from different sides and taches of judicial course, they all are indiscerptible compositive parts in the value system of judicial justice and efficiency. Looking back our judicial course, all reform measures and systems were carried out in different stage and period were worked out as rational selection after realizing and balancing the all the value constitutional factors under the total target of achieving judicial justice and efficiency. However, judicial reform is a profound and difficult society systemic project, it is full of problems and conflicts inevitably in the course of reforming and perfecting, analyzing these problems is the logical procondition to achieving the total task and value target of judicial justice and efficiency naturally. In the course of our judicial reform, around achieving the total task and value target, the main three problems and conflicts are represented as between judicial justice and efficiency, judicial independence and supervision, judicial professionalization and democratization concentratedly.On the base of comparing and referring western judicial system, analyzing the inner relation of the three conflicts as above mentioned, the thinking of attemperring the conflicts and material approaches are promoting procedural justice to balance justice and efficiency, reforming the mechanism of judicial supervision to ensure the judicial independence, complementing and developing the judicial professionalization and democratization mutually.
Keywords/Search Tags:Judicial reform, Value tropism, Justice, Efficiency
PDF Full Text Request
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