Warmth Of The Judicial Activities

Currently, the judicial activities in the temperate practice are in full swing, which triggers a lot of controversy. But because of lack of preparation and a less thorough study, there still exists many problems in both theory and practice, In the trial practice, some of the cases concluded contradictions have not been resolved, Not really solve the dispute.to this end,the problems are as follows: The need for warmth and tenderness, to what extent the expression of warmth should be, how to introduce warmth and proceed to affect judiciary. Here the author tries to analyze the role warmth plays on justice and its influence. Justice needs warmth, but it should maintain a certain limit. In the structure, this paper is divided into six parts, including introduction, the raising of the question, justice needs warmth, the expression of warmth, the limits of warmth and conclusion.Temperate justice suggests that warm humanity is introduced into the practice of strict justice, thus coupling humanity with rigidness of law, they merge into and interact with each other, this requires the judicial officials and parties should make efforts to ensure that intelligence, reason and law should be rigorously enforced on a legal basis and thus make impartial judgments.The author interprets the basis and values of temperate justice in eight major factors, namely, judicial functions, its purpose, the need for transform of the concept of justice, the judicial history of humanitarian tradition, the judicial officers'pepersonal security needs, a summary of judicial experience, the art of temperate justice in setting a lawsuit and warmth contributing to the successful mediation.in judicial activities, warmth should run through the legal provision and the consideration of human feelings. warmth should be expressed in the balance between the passiveness and its dynamic role of justice. judicial officers should use warmth to judge right and wrong and to pacify contradictions, making the two integrated and complementary. the affinity of justice should be enhanced in the conflict between the strictness of justice and the demand for the signity of the people first. warmth should be expressed in the process of the judges'listening. warmth should be expressed in the judges'words. warmth should be expressed in the judges'body language. warmth should be expressed in the judgment declaration.But any act should have certain limits, things turn into their opposites when they reach the extreme. If the warmth in the justice process exceeds a certain limit, the function of the law will be watered down, and the authority and dignity of the law will also disappear. justice should take into account the feelings of mankind. Justice should be enforced in dignity ,rather than in fury. Temperate justice is an outlook, the light of humanity is reflected in temperate justice. The author holds a kind of positive and tolerate attitude to temperate justice, but the excessive warmth intervention may lead to problems. How to strike a balance is the issue the legislative sector, the practical and theoretical circles should explore and answer at present.