On Public Policy Involved In The Administration Of Justice,

Public policy is the concept which has a relatively specific connotation and a relatively broad extension. As to its fundamental characteristic, public policy is a governmental decision-making and regulation which bears public welfare request. Public policy is especially closely related with judicature. As an informal legal source which is different from formal legal source such as legislation which originated from democratic procedure, public policy often plays its role as remedy when the judge faces blanks and oversights of law. Although justice should be the foundation of public policy, the question of legitimacy should be considered. Because excessively application will threaten people's private right, public policy rule should be applied actively and restrictively during the process of judicial adjudication. Chapter 1 introduces the concept of public policy from the perspective of political science and jurisprudence, and defines the basic content of public policy based on the analysis of differences between public policy and the party's policy, legal policy, judicial policy and public order and good customs. Chapter 2 attempts to introduce the different theoretical exploration on public policy's intervention on the judiciary processes between Chinese and Western scholars. Chapter 3 focuses on empirical analysis on public policy's intervention on judicature, making simple description of the mechanism of the intervention, and interprets the causes of formation and the different appearance of public policy's intervention on judicature between Chinese and Western. Chapter 4 points out that despite the public policy's intervention on the judiciary processes has become inevitable in today's society, but because of the special relationship between law and public policy. So the intervention should be under cautious attitude and reasonable regulation and adhere to the rule of law, and should not invade people's fundamental rights, to achieve harmony between public policy and individual rights. Finally, from the perspective of typology science of legal thinking, attempts to guide and supervise the judiciary processes related to public policy's intervention via the case guidance system...