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China Contemporary Judicial Fair

Posted on:2009-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q N ZhangFull Text:PDF
GTID:2206360275493024Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of political and economic system, and the gradual establishment of jural theory, the judicial position and function become more and more remarkable. But the problem of judicial equality that people eager to obtain has not been improved fundamentally. To a certain extent' the trust crisis' leads to 'the faith crisis' of 'the rule of law'. It is quite necessary that how should we strengthen the deep research of judicial equality facing the situation of our country.The passage tries to radically reform and clear up the naturally essential point. It research from the general idea of judicial equality, and detailedly discusses the judge rule of the judicial equality, which has an extremely important influence to establish a socialism country under the rule of law. Judicial equality has such a meaningful influence to the establishment of the rule of law, but the state of our country's judicial equality is not satisfying. Through analyses the factors that obstruct the development of judicial equality, and we can explore a correct way to carry out it.The writer thought that the discussion of the essential meaning of 'justice' in judicial equality should special point to the courthouse's trial. Judicial equality is neither a legal ideal nor an abstract legal principle. Justice as a chiefly value of the law how it should be embody itself during the judicatory process and result, and it can also be measured by a regular standard and scale.Judicial equality is the quality which the law-ruling country should have, and it is also the fundamental safeguard to realize the rule of law. The rule of law means the common application of law or the supreme power of law. It also means law acts as the criterion of disciplining and adjudicating people by keeping the whole society within the bounds of law. However, all the principles of the rule of law must be applied by specifically carrying out through equal judicature .Now the condition of judicial equality of china is not so satisfying. What is the reason? Since the Third Round of the Eleventh National People's Congress, our building of the legal system has developed quickly. However, the prosperity of theories and the scientific development of law have not changed the tradition of 'authority is more powerful than law' in China. Thus to realize judicial equality is still far from us. Only beginning with law structure, reforming and perfecting the law system, correcting the position which the judicial organs and the judicial officers should have in the state organs, improving the quality of judicial officers and protecting the independence of judicature, can we realize judicial equality finally.
Keywords/Search Tags:justice, judicial justice, procedural justice, entity justice
PDF Full Text Request
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