On The Tolerance Of The Judiciary And Its Limits

In the contemporary society, tolerance is not only the individual virtue, but also a necessary strategy for national institutions to configure and operate power, which also has a profound impaction on the judicial activities. With the method of theoretic research and qualitative analysis, this thesis divided into three parts respectively discussed the concept, the theoretical basis and the limitation of judicial tolerance. The first part defined the concept of tolerance and judicial tolerance, and compared them with cowardice, unconcern, forgiveness, connivance and"criminal policy of combining punishment with leniency", with some practical examples. The second part discussed the legitimacy of judicial tolerance based on some theories. Value relativism and Moderate asceticism could be the philosophical basis. Judicial tolerance will not lead to departure from the Justice Mission, because it is the result of legislative tolerance and interaction with the public. Justice means a comprehensive desire including utilitarian. Limited tolerance also has utilitarian value. The third part set the limitation with the principle of defending tolerance, complying with law and being supervised by people. With the pace of social life accelerating and the international community on legal culture profoundly increasing, this thesis tried to reveal the trend that judiciary positively and appropriately play the role to reform and protect word vulnerable groups, as a starting point to judicial tolerance.