Thoughts On The Legal Judicial Policy

Since ancient times China's justice policy, social justice policy in the traditional long historical process, has played a very important role. Since the founding of the new China policy of the party and government departments from the situation and the needs of development, because when their local conditions, easily understood, effective immediately so that the Communist Party of China and its own line, principles and policies to implement the rural community, completed the construction of the state power , the country's governance of the society in a comprehensive open up channels. On judicial policy, the theory and practice have proven judicial policy both in form or content, there is not the fundamental flaws and overcome negative tendencies. But this does not mean that the judicial policy will immediately from China's social life disappeared, the current judicial policy of social reality in China is still an integral part of life. Justice policy in contemporary China, is not the occasional human social phenomenon, but a certain inevitability of the historical product, which includes the necessity for economic reasons and political reasons. Justice policy "the best", "second best", "poor" and three running "rule of law", "rule of man" two trends, and to make justice policies to achieve the "best" running and to the "rule of law" direction of development, we must correctly understand and handle the party's leadership and the relationship between the independence of the judiciary, the adjustment of the existing judicial policy. Justice policy in the future for a longer period of time is still inevitable, but that does not mean that a strong proponent of the policy and the application of justice, or even replace the law. We should restrict as far as possible the role of the judiciary policy and control the negative impact of judicial policy, but also should actively and steadily push forward the reform, strengthen legislation, with conditions in a timely manner to eliminate the social justice policy areas. In this historical process, the policy holders of judicial calm and realistic attitude is correct and effective, the prerequisite for solving practical problems.Chapter 1, the initial definition of judicial policy. This chapter first from the policy and legal relations and differences start, the introduction of the meaning of justice policies, and of the inevitability of judicial policy, manifestations and limitations. .Chapter II, our country's judicial policy. This chapter mainly expounded China's traditional social justice policies and the major role of the founding of new China, the most representative of the three judicial policy: the death penalty policy, the "strike-hard" policy, and the pros and cons of mediation policy.Chapter III, the justice policies of other countries and Enlightenment. This chapter choice of the United States and Germany, the two most able to represent the common-law and civil law tradition, the state, and the policies of their national jurisdictions in order to find an analysis of the circumstances of our country can learn from.Chapter IV, the Justice Policy legal thinking. This chapter of the justice policies of the three running and the two trends on the correct understanding and handling the party's leadership and the relationship between the independence of the judiciary, the judiciary, such as the adjustment of its policy elaborate.