On The Dilemma Of Modern Judicial Ideas

In order to meet the development of market economy, there has been conducted a top-down judicial reform in China in recent years. These reform measures not only created judicial justice conditions and improved efficiency, but also gained some satisfactory achievements during judicial practice. However, there is no denying some deviations during China's judicial reforming process: first, more attention to institutional construction and transplantation, less attention to traditional culture, vacillating at setting up the concept of a modern judicial system; Second, While promoting the reform based on the Western judicial system and philosophy nationwide , ignorance of the particular characteristics of judicial practice leads to contrasting results in different regions, such as between urban area and rural area, the reform has achieved success in developed eastern cities and developing eastern areas to some degree while no desired result but confusions in backward rural areas. Therefore, from the aspect of local grassroots courts, by three parts, this paper employs rational analysis, theoretical summary, empirical research, contrast and comparison to discuss the phenomenon, the reasons and the forming process of the confusions in local courts.Judicial philosophy is not only the guideline of judicial system design and practical implement, but also the values (ideological or cultural traditions) to inspire reflection on the function; nature and corresponding approach to judicial problems. Modern judicial philosophy is the crystallization of the modern principles; is the experiences of the rules and law; is accumulation of legal culture; is the reflection on the objective judiciary principles. Judicial philosophy requires that judicial system design and judicial practice should reflect neutrality, impartiality, independence, authority and efficiency, also judicial officers should be professional. However these requirements could not be realized in local grassroots courts, and there are lots of practices which are contrary to modern judicial philosophy and principles, modern judicial concepts and philosophy are not popular in the local courts and encountered much confusion.Since laws are multifaceted. Besides national statute laws, there are a lot of favors, customs, patriarchal clan system, custom, etc, these criteria characteristic of local norms constitute a civil law system rooted in the hearts of native people, and habitually guiding their behaviors, it has blocked the implementing of national laws in local judicial system. This is one of the reasons for the judicial confusion. Furthermore, judicial concepts are not baseless, which comes from generations of development of Western judicial practice, it not only has developed economical foundation, but also a high political demarcation conditions, unique cultural traditions and backgrounds and rational thinking approaches of people which formed through hundreds of years. Lack of these basic foundations in our rural judicial courts would also contribute the confusion..China has been undergoing a road of government promoted legalization. As an element of modern judicial system, judicial philosophy will be our definite choice. Although modern judicial philosophy encountered all kinds of the confusion in practice, but "there is no coming back for flying arrow", we must continue along this path, but we should work hard to create atmosphere to form modern judicial philosophy, on the other hand, it is imperative to make modem judicial philosophy more in line with China's national conditions in practice rather than make it is too difficult and rough. Therefore, we should be positive to meet the challenges of judicial practice; strive to develop market economy, improve government promotion and change the way of thinking, and make modern judicial concepts take root and bear fruit in China.