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The Way To Achieve The Course Of Justice In The Path Of Socialist Rule Of Law Under The Concept

Posted on:2013-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:D D YuanFull Text:PDF
GTID:2246330362473502Subject:Law
Abstract/Summary:PDF Full Text Request
The topic about fairness and justice which is an ancient focus in legal field hasbeen constantly debated by numerous schools of law, then, fairness and justiceimproved themselves in these debates which leads them become the value goal ofevery countries in legal ruling society. In the long history of China, the nomocracyideology is always subjected to the thought of rule by man; therefore, there is nosubstantive fairness until carrying out rule of law. The suggestion of constructing acountry ruled by law at last realizes the thought of development of rule by law.Considering the domestic and international situations, Socialist Concept of rule by lawis advocated by the Communist Party of China which is the latest achievement ofconstructing a country ruled by law.Judicial justice is the value pursuit of constructionof rule by law in judicial and is a specific requirement of thought of fairness in judicialwork, meanwhile it is the important content of social justice. Only is the judicial justicepeople have faith about law, then, let the people free from thought of ruling by man,establish the authority of law in social life and know how to p ct themselves by law.When we indulged ourselves in the achievements made by construction of rule by law,we need to understand the facts that although the reform of judicial has been donemany years, there are many elements affected the justice of judicial still exist. With thedevelopment of era, there are many numerous new elements appeared to let the judicialhave to face new challenges.On the background of socialist concept of ruling by law, the author of this papercompares routes of two law systems of realizing judicial justice and analyze thematters existed in Chinese route for realizing judicial justice. Then, the author of thispaper advocate a brand new route of realizing judicial justice which suit Chinesesociety completely and hopes this route can beneficial China of realizing judicialjustice. This paper consists of four parts:The first part: The author of this paper mainly analyzes the similarity of socialist concept of rule by law and judicial justice, then researches the relation between fiveparts contended by socialist concept of rule by law and judicial justice.The second part: The author of this paper mainly elaborates the content of judicialjustice and the route of realizing it, then, makes the research of component elements ofjudicial justice, routes of two law systems have implemented and Chinese modernroute of realizing judicial justice.The third part: The author of this paper finds out the dilemma the judicial justicehas been faced according to analyzes the typical cases in recent years which affect thejudicial justice and compares it to Simpson case in America.The forth part: On the research of socialist concept of ruling by law and thedilemma China judicial justice has been faced, the author of this paper suggests abrand new route of realizing judicial justice in order to deal with the threaten elementsof realizing judicial justice.
Keywords/Search Tags:Socialist concept of law, The course of justice, Dilemma, Path
PDF Full Text Request
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