Legal Analysis Of Judicial Justice

Justice is pursued by human society as the most significant ideal, value and goal, as well as the soul and core of the rule of law. Reflected in the legal sphere, the judicial justice that is inherently required as some inevitable part for the spirit of the law, becomes an integral portion and fundamental contents to the rule of law and also embodies the people's necessary demand for the rule of law. At present, our community has specially focused on judicial injustice that exists in our judgment practice. The reason why so much attention has been paid to this problem lies in that it directly undermines the authority of the rule of law, and impairs the people's belief and confidence on justice which once destroyed, the reconstruction process will be particularly difficult As Bacon said: "The unjust sentences a number of grievances over the move remained apart, But somehow because these grievances move water, and unjust judgment, while water damage." Therefore, strengthening the research on the theory of justice makes a lot of significant senses to judicial practices.In recent years, many domestic scholars, beginning from the points of jurisprudence, the legal system and judicial reform, have applied themselves to the studies on judicial justice, and many of them have already made outstanding theoretical achievements. On the basis of referring to absorbing the predecessors' beneficial theory achievements, this article starts from explaining the real concepts of justice and judicial justice, grounds on probing into the exact purpose of the human society to strive for judicial justice, then combines both the development of judicial justice history and practical cases, and thereafter makes further extension encircling the historical function and social value of judicial justice, and subsequently analyzes of the jurisprudence fundamentals of judicial justice. All the previous discussions are finally prepared for seeking the correct approach to achieve our country's judicial justice, which is expected to benefit the our current construction to establish a society under the rule of law.This article is divided into four main parts:Part I, judicial justice pursued as value. From exploring the concepts of fairness and justice, it would bring a brief explanation to the contents of judicial justice, and furthermore claim in detail that justice is eternal pursuit for human...