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Justice And Efficiency: The Value Of China's Judicial Reform Orientation

Posted on:2003-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:D S MiaoFull Text:PDF
GTID:2206360062996150Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Justice and efficiency are the first values of a social system in human society. These two topics, with the character of the century and the world, are also the eternal theme in the work of the people's court. The judicial reform in contemporary China, a profound revolution in judicial concepts and practice, should also rationally pursue these values. This is the basic conclusion we have come to through these years' investigation. This thesis is also based upon this conclusion.The concepts of justice and efficiency and their dialectical relationship are first discussed in this thesis. Then the author analyzes dialectically the unity, antithesis and priority of justice and efficiency that are contradictory, sets up the criteria of judging justice and efficiency, and emphasizes on the present significance of setting up these values against the macro background of constitutionality. As all things develop in contradictions, the realization of justice and efficiency will also face difficulties and errors. If these problems can't be resolved efficiently in time, the realization of these values, justice and efficiency, will definitely be influenced and hindered. To follow the correct direction of judicial reform, the author strictly defines the basic principles of the realization of judicial justice and efficiency from the angles of politics, law, society, tradition and so on.The ways to realize judicial justice and efficiency are the stress of this paper in which the author distinctively points out that the fundamental way out is to guarantee the judicial independence by system. Not only the managing system of the court's faculty and finance but also the internal managing system should be reformed, the key to the former lies in the reform of the court's organizations while the key to the latter lies in the reform of the system of safeguarding judges, reporting cases, judicial committee, executing judgments. In addition, the reform of the administration of justice should be deepened to strengthen and enlarge the reform we have so far carried out. The author thinks that it is an important project to set up a perfect system of electing and nominating judges, which is the guarantee of elite judges and the realization of judicial justice and efficiency. The value of judges should be emphasized from the angle of constructing a country ruled by law. The judicial superintending system is an important ensuring system, which plays a critical part in the realization of judicial justice and efficiency. At present the task of top priority of reform is to get rid of two bad tendencies: weak or disordered judicial control, to increase the efficiency of different kinds of judicial control, to strengthen active, regulative and efficient control. Only in this way can external, internal control and self-control be mutually complementary and improved reciprocally.
Keywords/Search Tags:justice, efficiency, judicial reform, value orientation
PDF Full Text Request
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