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On The Conflict Of Judicial Value Of Integration

Posted on:2011-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2206360308967846Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the sixth Plenary Session of the Sixteenth Central Committee of the Communist Party of China, CPC puts forward building up the system of socialist core values which has an extremely important significance for building a harmonious socialist society. But the most researches on socialist core value system of academic circles stay in the realm of political ideology, which is not fully developed and not studied with a specific system, so it is in the judicial field. The socialist core value system makes leading pluralistic concept of values effectively possible because of its respect for differences and containing diversity. As the representation of conflict of social pluralistic concept of values in the judicial field, conflict of judicial values can be integrated by the socialist core value system.Conflict of judicial values includes the conflict both in the concepts of values and in the rules of values. There are many reasons for conflict of judicial values:adjustment of the pattern of interests; multi-values cross-exist; plurality and diversity of subjects of value; plurality and multi-levels of social needs; effects of traditional culture and foreign cultures,and so on. That conflict of judicial values being integrated by socialist core value system is determined by the nature of the conflict: conflict of judicial values is the conflict among guiding ideologies, valuations and choices, the conflict in different cultures, the conflict of the paths to realize values, the conflict of main survival methods and conflicts of interests. These conflicts will bring about subjects of judicial values restlessness, confusion and other negative senses, but the opportunities for the development of justice and the awaking of subjects of values. Therefore, we can't indulge the conflict of judicial values, and should integrate it and carry out fully its positive significance to curb its negative effects.Socialist core value system is a scientific summary of historical experience, is also sober judgments about the new situation of China we are facing, is the unity of realistic rationality and historic rationality. It has incomparable superiority for integration against the conflict of judicial values:its dominant position in realm of ideology establishes the correct guiding principles for integrating conflict of judicial values effectively; it not only has incomparable superiority in uniting and guiding the entire judicial staff to make great progress on thinking and morality, but also provides correct evaluation and values selecting criteria; socialist core value system takes account of both the overall interests and individual interests,which not only stand in line with the overall interests of people across the country but also is conducive to full and free individual development and therefore socialist core value system is the scientific and reasonable criterion in evaluating conflict of judicial values, at the same time it provides us a valid way to resolve the conflict of judicial values.The essence of conflict of judicial values provides a good way of our seeking integration of socialist core value system:the conflict of guiding ideology of judicial values asks us to adhere to the principle stand of Marxism; conflict among evaluations and choices asks us to establish and practice socialist maxims of honor and disgrace; the conflict among different cultures in judicial values requires us to promote national spirit in which patriotism is the core; the conflict of approaches to realize judicial values asks us to cultivate time spirit of reform and innovation that is the core; conflicts of survival mode and interests of subject of judicial values require us build up the common ideal of socialism with Chinese characteristics.This discourse makes a shallow attempt at integration of socialist core value system against conflict of judicial values and still has inadequacy, with a expectation of scholars of law circle and even social science community can carry out socialist core value system to specific and microcosmic systems, technologies and even life. So that the majority of people can realize and internalize socialist core value system as rules of conduct, if we can achieve that social conflicts can be better resolved and people's living environment will be more in harmonious.
Keywords/Search Tags:judicial values, conflict of judicial values, socialist core value system, integration
PDF Full Text Request
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