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On The Concept Of Justice

Posted on:2005-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:C H XueFull Text:PDF
GTID:2206360125961479Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Judicial justice means getting the destroyed justice back into an original state via a certain form. Analyzed from its extension, judicial justice consists of the judges' individual justice and judicatory's institutional justice. Market economy, democracy & politics, and state of rule by law call for judicial justice. Judicial justice possesses an extremely important value in guaranteeing jurisprudence order, impelling course towards managing state affairs by law and reshaping the authority of judicatory and law.The game theory between procedural and substantial justice is a masterstroke to explore judicial justice issues. Substantial justice is a lasting pursuit of human beings, while procedural justice is a necessary demand of modernity. The post-modern context meets the revert of substantial justice. The time therefore is approaching with the unity of procedural and substantial justice, and with procedural justice as a cut-in point to achieve judicial justice.Impartiality and efficiency is a theme in courts. In terms of the relation between impartiality and efficiency, we had better establish the concept of preferring justice and emphasizing efficiency simultaneously, and correctly stick to the two basic principles of uniting impartiality and efficiency, that is, judicial impartiality should intrinsically include the demand of judicial efficiency, and as to judicial efficiency, the bottom line is not to sacrifice judicial impartiality.Judicial justice is not only a matter of theory, but a practical one. In the course of realizing judicial justice via reform, we must establish correct concept of judicial justice and establish the right of judgment claim in Constitution; guarantee with system to realize independence, openness and supervising of judicatory; frequently improve judges' diathesis to realize judicial justice.
Keywords/Search Tags:judicial justice, procedural justice, substantial justice, judicial impartiality, judicial efficiency
PDF Full Text Request
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