On The Unapparent Crisis Of Judicial Justice

The crisis of judicial justice, e.g., judicial corruption and judicial unfairness has a great impact upon the realization of judicial justice value. It can be divided into the unapparent crisis of judicial justice and the apparent crisis of judicial justice in terms of its manifestation. The apparent crisis, which has already caught great attention of our country and society, is likely to be resolved by the reform of judicial system, e.g., by the check and balance of judicial power, or by the inspection of Procuratorial department against judicial corruption. The unapparent crisis arising from the clash of the people's value and judicial values is a manifestation of the people's distrust in the judicial verdicts given in the lawful judicial process. For this reason, the hidden negative impact of the latter crisis of judicial justice upon society has not yet attracted enough attention. The failure to tackle this crisis will seriously affect the people's trust in the judicature and badly hinders the course of establishing a socialist legal system in our country.The reasons for the crisis of judicial justice may be multifarious: social, cultural, legal and psychological. In this thesis, the author has made an attempt to analyze and interpret the reasons from the legal point of view. Four reasons for the crisis of judicial justice: 1, The limitations of law.2, The limitations of procedure justice.3, The dependence of judicature.4, The irrational resistance of people.In modern China, due to the limitations of the current legal system, the quality and present status of judicial officials, the unapparent crisis of judicial justice is not directly overcome by employing the established ways in Chinese judicial culture or by directly imitating the set patterns in Western countries. It can be progressively resolved with the establishment of the socialist legal system in our country.