Juristic Deconstruction Of Individual Justice

Universal justice is established by the legislator and shows the pursuing of common legislative regulations. Individual justice is a kind of judgment made under special conditions. When a judge deals with a certain case, on the premise of following abstract justice and with an analysis of the specialty of the case as well as the different condition of his client, the judge can make a judgment which is most favorable to both parties. This judgment can be called individual justice. With universal justice as its precondition and standards, the individual justice is the conceptualized and individualized part of universal justice, but not a copy of universal justice. From the perspective of the role of the judge in the law case, this dissertation proves the justifiability of individual justice from the following three aspects: the specialty of the law case, the individuality of the related parties and the artistic of judiciary. The dissertation also analyzes the legislative and judicial rationality of individual justice and its relationship with common justice. Plus, it summarizes the elements of individual justice and puts forward the legislative ground to deal with individual justice and gives necessary restriction to it.