The Justice Of Individual Case

Nowadays more and more attention is being paid to social equity and justice in the background of constructing socialist harmonious society. The extent to which equity and justice are guaranteed is directly related to the extent to which our society is harmonized. Now the legislative quantity and quantities of our country increase with each passing day, the legislative form, procedure and technique also gradually democracy, public, science and norm, However, if lack fair, a system of perfect laws will simply stay on paper without a perfect judicial system. Therefore, in factor of the realization of judicial justice, the judicatory is fair to be placed in the key position doubtless. However, current, judge with the case difference, false wrong case , wade the method petition etc., and the western society blames to some individual cases, make our country the judicial authority is pound at by severity, Court and the public's trust of the judge significantly descend, for remove these phenomena bring of perplexity, look for the related counterplan, I put fair doctrine of taste at the justice of individual case up, point out the judicatory definitely of purpose is carry out the method of justice, appeal to remove the mechanical the judicatory, promote the judicatory flexibility, to pursue the justice of individual case, let the justice is in each individual cases piece realization. This paper is from the individual cases justice of concept and characteristic and in the west legal system the history change of the thought investigate the justice of individual case, from contemporary and each method the area view check the individual cases justice of fulfillment circumstance, made to compare the method of analysis, studied the condition of the realization of justice of individual case and lay particular emphasis on the process of judicial judgment, to bring judicial activism into play , and the right usage of discretion is the path of justice realization in individual cases ,thorough research the thinking quality of judge's individual to individual cases justice of influence, try to comb a judge to create what if of solve the individual case's justice. At last, from carry out the guarantee mechanism of the individual case's justice to manage the source that the pure bar our country judiciary circulates normally up, put forward the counterplan that resolves to exist the problem in the judiciary movement, to insure the realization of the individual case's justice.