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The Argument About Legal Effect And Social Effect In The Judicial Referee

Posted on:2012-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:W J FengFull Text:PDF
GTID:2216330368989850Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Judicial reform is a hot topic of the current political system in China. It has so many of opinions about the divergent goals of judicial reform. Overall, the goal of judicial reform at this stage is to establish and improve the pursuit of fairness and justice-oriented, authoritative and efficient, democratic rule of law, modern legal system. Therefore, in recent years the party central committee and the state council has issued a series of important speech and documents instructions, the Supreme Court and the Supreme People's Procuratorate in a timely manner to formulate the corresponding policy. "The unity of the legal effects and social effects" reflected "fairness and justice, democracy and the rule of law" socialist harmonious society is in the judicial policy ideas under this background arises.On the surface, in the judicial activities, the legal effect and social effect has their own goals, and their evaluation mechanisms are so different. For example, legal effect emphasizes legitimacy, pursuing formal justice, usually in whether it has the predictability to evaluation; social effects emphasize the rationality of the pursuit of substantive justice, usually with acceptability to evaluation. Then, the opposition between the two is very prominent. But, in essence, the two also has some consistency, because the law's ultimate goal is "human-oriented", to respect and protect human rights, realize care for others. However, based on various subjective and objective factors, in judicial practice, there is often no coordination between the two effects. This article analyses these conditions, and strive to find out the existence of institutional barriers and cultural barriers, explore its causes and development law, and then put forward some reasonable and feasible solution.The author thinks that in the judicial referee the realization of realize good legal effects and social effect key lies in the legislative links rather than judicial link, namely legal norms should be fairness and justice, scientific and rational, sophisticated, and operable. Only from the legislation balancing the interests of all parties source, to solve the values conflict can ensure that the judicial referee with both good legal effect social effects. Otherwise, imperfect legislation will make judicial person in balance contradiction and conflict exist when the value pursuit of a dilemma, or even resort to extra-legal factors, and thus losing self character. These consequences are unhelpful for judicial career, and harmful for a socialist harmonious society.
Keywords/Search Tags:legal effects, social effects, unification
PDF Full Text Request
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