The Judicial Fairness Under The Philosophy Of Constitutionalism

With the development of commercial economy, the birth of Capitalist relations of production as well as the formation of civil society, the philosophy of Constitutionalism, which consists of the people's sovereignty, representative democracy, the control of power with power, the protection of right, the rule by law, and so forth., has been established. The Constitutionalism philosophy is the soul of constitutional law and system, the foundation of the establishment and execution of a nation's Constitution, and a touchstone to examine the existence of Constitutionalism. Therefore, it can be said that the philosophy of Constitutionalism, as one of the organic components of law awareness, has a decisive effect on the formation and development of Constitutionalism. If it were not for the philosophy of Constitutionalism, there would be no Constitutionalism.Judicial fairness is the law ideal and judgement which has been designed to resolve various social conflicts since human beings came into civilized society, and the last protection of social fairness. Its foundamental connotation is to embody the spirit of fairness, equality, justice and righteousness in the process and result of judicial activities. However, as our country is at present in the transformation period of society, there inevitably exist many complicated contradictions such as the administralization of the court's system and the judicial rights, local protectionism of judicial activity, the weakness of judicial independence and so on. Consequently, the current condition of judicial fairness is far from being optimistic.Constitutionalism, the core of which is to restrain politics and guarantee human rights, is democratic politics based on rule by law, and the foundation stone of judicial fairness. Since Constitutionalism came into being, judicial structure and the concern of judicial value have become a significant aspect of system civilization of modern society. Constitutionalism system and the value idea it contains have provided a system platform and ideological basis for human society expecting judicial fairness.The core of Constitutionalism philosophy is to restrain power and guarantee rights. To fulfill judicial fairness is a complicated systematic project, while system guarantee is a significant means of the fulfillment. Suspicion of judicial fairness brought about by many cases has caught the attention of society. Judicial fairness has become social focus.Hence, we should, under the guidance of Constitutionalism philosophy, learning from other countries'experience of guaranteeing judicial fairness, establish a scientific and reasonable system of judicial fairness and correspondent system guarantee mechanism with Chinese characteristics which conform to China's situation. To be specific, we should build the system of unconstitutional review, reference precedence, judicial independence system, and improve professional qualities and the quality of professional morality of judicial stuff in order to ensure the fulfillment of judicial fairness.