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Entities Justice In The Judicial Value Approach

Posted on:2012-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y T DuFull Text:PDF
GTID:2216330344950216Subject:Law
Abstract/Summary:PDF Full Text Request
This thesis mainly discusses the value of justice substantive justice and its realization. Judicial justice is the essential requirements of judiciary, is also its target of constant value. Enter since 1990s, along with the development of our country legal process, law and judicial workers t paid great attention to correct "heavy entity, light program" inherent traditional achieved effect, but at the same time it produced the over-emphasized procedure justice tendency. Cause the increasing of judicial injustice. The procedural justice is the basis and premise for substantive justice, the substantive justice is the procedural justice concurring and inspection standard, both sides are mutual interdependence, mutual promotion. Although procedural justice and substantive justice will cause conflict, but they are consistent in essence, the judge may accord the value to determining measure, we cannot simple think of procedure justice is preferred, at the same time we also can't leave the substantive justice as the only value pursuit.Justice substantive justice has important value; it means the realization of the goal of legal value, it means that laws in real life are implemented; the minimum requirements of substantive justice can be summarized as; the discovery of fact; a choice of law and facts corresponding reasonable; Legal selection is based on reasonable rules. We should from our country of the actual conditions, and constantly improve the active justice mechanisms through case equitable, paying attention to realize the substantive justice, and emphatically judgment to the implementation of the judicial, in order to realize the substantive justice.In this thesis, the judicial entities justice values and its realization problems were discussed, introducing the latest achievements of domestic and foreign relevant research, Look at present in the realization of judicial substantive justice of the related problem, tries to reveal a scientific system of judicial entities justice values and its realization ways, so as to present legal system construction and theoretical to offer availability reference.
Keywords/Search Tags:Substantive justice, the judicial value of the substantive justice, the substantive justice realizing ways
PDF Full Text Request
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