Justice Policy Cognitive Theory. Moment

Judicial policy, as a general vocabulary, judicial practice and jurists not strange, but as an accurate connotation and denotation of the current judicial practice, failure to consider the legal theory, research is also a lack of good can. How to understand the current our country's judicial policy? Its main function is what? We need to carry out this became a deep understanding of the problem, this paper put aside value judgment, then the path of sociological thinking in judicial policy type and function, in order to try to present our judicial policy and operational mechanism of the deep connotation, the author tries to reveal.In the first part of the policy for justice, typifications deconstruction to express form and content types of literary view, from its form, mainly including the party's public policy, the core leaders of expression, the normative legal documents from three forms, its connotation, have rigid and flexible policy. Judicial policy of expressions and express connotation is thus the relationship, the former is the external performance, the latter is the inner metaphor, its most basic decisions are affected by the public opinion from the upper and the formation mechanism and the connotation of depth analysis, and can be divided into concept of policy, implement policies and social situation consideration of three kinds of policy pursuit of value. Three types of judicial policy, not uniform status. The binary source position, concept of policy implementation is superior, all kinds of judicial power of the policy, the policy of justice is formulated discourse origin. The second part of the Angle from function theory, judicial policy considerations judicial policy has dual function of direct and indirect intervention, direct function in the guiding thought of organizational system function, the function of conformity. And the external image declare functions, and the three are manifested in the function of social control.The third part is the current Chinese judicial policy analysis, this article mainly with flexible judicial view, from a flexible, safeguard judicial policy development situation, based on China's actual demand, people from three layers of the sound of judicial practice, and puts forward the policy of flexible judicial reality, namely the overall thinking, public opinion expression,mediation work disorder, and puts forward a foothold in China ZhiBiaoHua judicial practice, namely the balance of the overall services to limit the public domain, pay attention to thinking in the rational participation, emphasize the mediation marginal considerations.Finally, the judicial policy is flexible rigid, logical thinking and feeling chemical, pluralistic social thought of the Bridges connecting, is practical, have a foothold in China, social services, pragmatic, but specific judicial practice, to balance on the perspective of judicial policy guiding and ShenWu work reality, the quintessence of flexible judicial cases with good effect and settle disputes, promote, and realize the dual purpose law progress.