Jurisprudential Interpretation Of Judicial Tolerance

Judicial tolerance, along with China’s social transition period presented by the various phenomenon of intolerance, gradually attention by people. But the study of the issue say was still in the stage of academic start, namely, still stay at the ontological argument level, and the existing research results through the research of pure theoretical type, often for judicial tolerance(may be) involved in the corresponding social background is ignored, makes the discussion of the root wood, madrassa reflected. For this, it is necessary to judicial tolerance problem under the background of Chinese society during the period of transition, through the method of the research methods of the society, to rethink the ontological connotation of judicial tolerance. On the basis of predecessors of the corresponding academic efforts, tentatively for "individual tolerance" and "institutional tolerance" to distinguish, the application of the expansion of the latter as the former, clarified in the process of the "development", what kind of changes have taken place in individual tolerance. And through reflection on the existing research results, to individual tolerance, institutional tolerance and justice, tolerance structured connotation interpretation, that is listed above three concept is the core elements, and according to certain logic to it, in order to ensure the openness of the connotation definition, facilitate other scholars criticized the discussion. Combining the theory of ontology and implemented, the latter as a necessary extension of the former, the realization of the former as the latter basis, to seek the realization of judicial tolerance. Considering the limit or any things all have certain application scope, so it is necessary to discuss the judicial tolerance limit, limit its clear within a certain range, tested for certain social effect and legal rules. Further more, can set the "judicial discretion" as the scope of judicial tolerance limit; To set the "principles" disgraceful consideration for the judicial tolerant society effect; To set the "basic rights and law" the legal limit for judicial tolerance. Finally briefly stated in this paper, the possible innovation and unfinished. Ought to say, the tolerance issue is a very important law or judicial practice problems, attention to this problem, will contribute to the rich research achievements both in theory, at the same time will also be "stimulus" related scholars attention to this problem. Harmonious society is the target of our society, and a harmonious society must be a tolerant society full of vitality, and would not be a too harsh society. In that case, the judicial tolerance problems as an important system, special discussion on this question, will be extremely realistic solicitude.