Justice And Social Causes Of Conflict And Its Countermeasures

The status of judicature is becoming higher and higher, but because there exists society's pluralism and the practice of law is unable to meet society's needs, the conflict between society and law practice grows fiercer, and has exerted a negative influence on the two. This text aims at seeking, in today's society which is making its transition, the reason resulted in the above conflict and how to control and solve it. Refer to the conflict, the best way is to find a third party not invloved with the two conflictive parts as a judge, and there is also a judging standard that two parts can accept. And the outline of ruling the country by law has already been established in our country, so, this article combines law practice with the society according to the standard of ruling by law in the discussion of the conflict, and try to find the shortages of morden legal system which can help us get the reason and solution of confict and help the two parts moved forward as a union in modern legal orbit. Part one is the foreword, this part provides the concept of the law practice at first, and defines law practice as a arbitration, judgement, the conflicts of law practice and the society refers to the conflicts of court and the society in this text promptly; Secondly, through describing the realistic performance conflicting, the article explains the reason of the question of this selected work; Moreover, the article expounds the meaning of the selected title; It is the literature survey that this text consulted finally. Part two analyzes the reason of the conflict between society and law practice, and explains it from six respects especially; Specifically, the six respects are below. Firstly, judges's quality can't meet the requirement of the society; Secondly, the judicial subject is different from the thinking mode of the social majority; Thirdly, the judicature mechanism can't guarantee the position of the judicial independence; Fourthly, pursuing the conflict of the procedure and entity in the due course; Fifthly, the modern judicial idea have not been planted in all the urban and rural area of China; Sixthly, we can't reaiize the good interaction between the media and law practice. Part three is to aim at the confict's reason, we should choose the route controlled and cleared up, select the mechanism, guarantee respectively a judge possesses fine accomplishment from setting up to scientific judge, launch sturdy and effective law dissemination, form the highest mode of thinking of...