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On The Trial Justice

Posted on:2007-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y LongFull Text:PDF
GTID:2206360185976241Subject:Marxist philosophy
Abstract/Summary:PDF Full Text Request
Human questing for justice is a pursuit of ultimate value. From different perspective, the answer to just have different, but the spirit of the pursuit of justice is convergence. Both can be seen as a kind of justice trial of the new justice viewpiont, also can be seen as a kind of pursuit and achievement of justice.The independence attributes and the social attributes is the two identities of property, which is the economic base to established justice system. The independence attributes and the social attributes of a certain property contains Insurmountable contradiction. Human injustice is improper destruction to property relations and the social relations based on it, in the final analysis, however stems from the identity of the property two irreconcilable nature, the inevitable injustice caused strife. Instead, justice is the order of the orderly rooted property in an orderly manner, through it to avoid strife, and is the pursuit of property (community) orderly values.Human life constraints by the two attributes of property. Property social attributes inspired constantly strengthening exchanges and cooperation in the acquisition of property through social interaction in this process is emotional and rich human being steadily improved, rational constant growth. At the same time, the stability of the main requirements of the independence of the property, and to devise norms to protect their human stability. When a social order of the improper destruction of property and injustice matter, in a desired rational human found on the basis of this trial will come only for the good system. Trial box supporting justice through the judicial system inherent tasks. Through trial and the achievement of social order and orderly property (property achieving relative stability of two-attributes), the realization of justice from injustice to the process, which we call the trial justice. From the contents of the trial, because the trial is a social relationship between the parties, without public participation or adjudicators. Public participation or judgment is based on the satisfactory rather than other reasons. During the trial, such a desired we call "trial contract". Only a trial basis in the trial contract, that is due to the trial, and only built on the basis of a desired public trial, thus the trial is ethical. Therefore, the trial justice trial contract is the source of justice.Trial contractual basis to achieve the trial justice, not specific regulatory mechanisms. Regulatory mechanisms, including the subject, object, procedures three aspects. Construct trial achieved through regulatory mechanisms of justice at the trial, not only in their determination to achieve the state, but also in its determination of the reality of change. Therefore, the purpose of the trial justice, regardless of their status, or to change their reality, are included in the natural elements. the rule of law...
Keywords/Search Tags:justice, Trial justice, Property two attributes, Trial contract
PDF Full Text Request
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