On Latent Judicial Rules From Legal Perspective

The socialist economy is one kind of economy ruled by law. Ruling by law has been China's basic strategy, and it requires judicial department to obey the existing legal rules. But there are lots of latent judicial rules existed which play an important role in China's judicial practice and govern the judicial activities with law. On one hand, they sometimes meet the need of judicial practice and perfect the defection of law; but on the other hand, they more often make law be at a malfunction condition to a certain extent, which results in judicature corruption and good faith crisis, disparages the judicial authority and cuts the judicial efficiency. The prevalency of latent judicial rules often causes legal empty in judicial domain and makes the idea of ruling by law turn in the air. We can not only notice law's ideal state but also its realistic condition, especially those latent judicial rules which play an important role in actual utility. Through the research on latent judicial rules, we can have a deeper understanding about legal movement, which can promote our country's judicial reform and the construction of society ruling by law.This article first elaborates the origin of latent judicial rules, defines the latent judicial rules, analyses its characteristics as well as evaluates its positive and negative features, illustrates the specific form of latent judicial rules and anatomies the operating mechanism through the analysis of two cases. Then it anatomies the cause of latent judicial rules through cultural tradition, legal system, economic and social and so on, and suggests reshaping the traditional concept of human, constructing the civil rule of law, accelerating the building of democracy and law, promoting judicial reform, figuring out the puzzle of interest and ablating the latent judicial rules and so on.