Conflict And Coordination Between Judicature And Morality In China 's Social Transformation

In the social transition period, there are generous cases resulting in the conflicts between Judicature and morality. After Reform and opening up, China has been in the social transition period? interests are multiple and conflicts happen frequently. This period can be concluded by "transformation" and "contradiction". As social basic norms which reflect and serve a certain social economic foundation, law and morality is consistent in some cases. Some accepted social moral principles and norms may be formulated as the law and become a part of the law. Besides, legal adjustment is based on morality, and guarantee morality for our customers within a certain existence. However, after all, the two belongs to different specification systems, and they are in their respective areas, using different methods and means to adjust the different kinds of social relations. In the legal and moral differences in practice, there exist differences, dislocation and even conflicts. The main types of conflicts include the moral and illegal type and the legal and immoral type. The essence of the conflicts is the conflicts between traditional moral concept and modern rules of law. Then we combined with the social reality and the basic national conditions in our country, putting forward the suggestions of judicature and moral conflicts.In this paper, the content is made up of introduction, text and conclusion, which includes six chapters.The first chapter is named "introduction". First of all, this part introduced the background and researched value of this article. Secondly, this part analyzes the research status in China and western countries. Thirdly, this part introduced the main research methods. Finally, this part analyzes the innovation of and shortcomings of this paper.The second chapter is "justice and moral connotations and conflict defines". This chapter has three parts, defined the concept of justice and deep essence; Moral connotation and main contents; as well as the definition of Judicature and morality conflicts.The third chapter is "analyzing the current situation of justice and the moral conflict". First of all, this part introduced the current situation of China, including the characteristics of the period, transition of the definition and the characteristics of Chinese society in transition; Second, hot spot cases as examples to analyze the main types of conflicts, including the moral and illegal type and the legal and immoral type; Finally, the summary for various cases.The fourth chapter is "the essence of the conflicts between Judicature and morality and their disadvantages and advantages". The essence of the conflicts is the conflicts between traditional moral concept and modern rules of law, specific including:conflicts between moralities based on the traditional officer thought and modern legal rules. In addition, this part analyzes the pros and cons of the conflicts between Judicature and morality. The positive role of Judicature and morality conflicts:firstly, moderate conflict would lead to form the benign interaction between law and morality. Secondly, the conflicts lead to the value choice of law and morality in social transformation period. Thirdly, the conflicts between law and morality can promote the relative separation and independent morality and law. The disadvantages of Judicature and morality conflicts: first, the conflicts lead to moral confusion; second, conflicts lead to the dislocation of the law.The fifth chapter is "the coordination of Judicature and morality ". How to coordinate the relationship between Judicature and morality, the author puts forward the proposal as the followings:firstly, establish law:Treat guarantee citizens’rights as the original starting point, secondly, to solve this problem, our country should strengthen the construction of judicial professionalization, which is the selection of the judge system, enhancing the judicial referee technology, rebuilding the judiciary justice ethics. Thirdly, we should improve the system of people’s assessors, in order to safeguard citizens participate effectively in the justice. Fourth, we should perfect the judicial supervision system.The last chapter is "conclusion". This part summarizes the full text, points out the main types of conflicts include the moral and illegal type and the legal and immoral type; The essence of the conflicts is the conflicts between traditional moral concept and modern rules of law; putting forward the suggestions of judicature and moral conflicts: establish law, strength the construction of judicial professionalization, improve the system of people’s assessors and perfect the judicial supervision system.