The Contention Of Professionalization And Democratization

Judicial reform is an important step in the development of law-based government of our country. In the current situation, how to continue the improvement of judicial reform is a major concern that matters the national economy and the people's livelihood. This paper centers on the dispute of the mode selection of professionalization and democratization in the process of judicial reform, thereby a conclusion is made that the mode of judicial reform should give priority to judicial professionalization and pay attention to judicial democratization as well.In the process of our country's judicial reform, the direction of judicial professionalization is pursued all along. The reasons why professionalization is chosen are the certain historical background, the employment of western judicial ideas and the voicing of justice itself. The pursuit of independence, neutrality and righteousness by justice itself has directed the professionalization of justice. The pursuit of judicial independence is the key to ensure that jurisdiction functions independently, the voicing of judicial righteousness is the powerful guarantee of realizing social justice, and the voicing of judicial neutrality implies to give judgment equally and impartially.However, after all these years and so much effort on our country's judicial reform, despite the comforting results achieved, there is still a long way to go to satisfy the people. Problems like miscarriage of justice and judicial corruption devalued justice drastically among the people. Folk sayings like "asking for kickbacks from both the accuser and the accused" illustrate that justice is not a symbol of fairness and incorruptibility in people's minds. Those measures of judicial professionalization taken in judicial reform failed to meet the expectation effect, on the contrary brought some social problems, resulting in the separation of justice and people and people's alienation from justice thus the two went far gradually. The contradiction between the professional thoughts and popular thoughts of people is increasingly clear in the process of judicial professionalization. Many times judicial judgment fails to get people's understanding and approval. The authority of justice is still difficult to establish, and there is still a lack of law trust.Since the presence of certain issues in the process of judicial reform, the mode chosen of judicial professionalization was questioned by many persons, and thus judicial democratization was mentioned in such a case. Therefore the mode selection of judicial reform had two sides, judicial professionalization or judicial democratization. Based on the analysis of necessity of judicial professionalization, this paper concludes that judicial professionalization cannot be denied totally. Sticking at judicial professionalization not equals a complete denial of judicial democratization. In fact, these two can coexist peacefully, and the coordination and interaction between them will fully develop the power of justice. Sticking at judicial professionalization while paying attention to judicial democratization can not only ensure the process of justice professional and respectable thus ultimately unleashing a judge's ability while confining the trial in the normal orbit, but also make justice and people closer, ease the contradiction between judicial professional thoughts and popular thoughts of people, enabling people to supervise justice for better improvement of judicial reform. Developing judicial reform by the mode of giving priority to judicial professionalization while paying attention to judicial democratization, measures needs to be taken in judicial reform to strengthen judicial independence, solve the problems in judicial administration and judicial regional protection, and meanwhile adopt measures to develop judicial democratization such as accomplishing jury system, constructing community court, introducing bonos mores into justice, publishing judgment on line and so on.