People-oriented Judicial Philosophy

In the process of construction in the legal society, the judicial philosophy plays a fundamental and a leading role. This article focuses on the "people-oriented" and "judicial philosophy", defines the intension and extension of "people-oriented judicial philosophy" firstly, deeply reveals its specific characteristics. The thesis demonstrates its practical significance of Chinese society, that is "why should execute people-oriented judicial philosophy". Finally, it strives to seek for the way to fulfill this philosophy around the theme of "how to realize the people-oriented judicial philosophy". The suggestions were put forward from the aspects of the impact factors of subjects, systems and legal methods.This paper takes the Chinese judicial reality as the research object, applies the method of literature study, the analysis on the concept and method of comparative method and experience of the methods to achieve the people-oriented in judicial process. Comparing the judicial reality with people-oriented judicial philosophy, and combining the theory with the experience of practice experiences of social reality, the paper puts forward improvement advice and practice paths. The main content of the articles is as follows:The first part reveals the each meaning of "people oriented" and "judicial philosophy", defines their general relationship and their characteristics. The second part focused on the times background and academic background, and points out the significance of Fulfilling People-oriented Judicial Philosophy to China in the perspectives of judicial value, lawsuit activity and law methods. It is stated that the concept of multiple judicial philosophy could meet the common values, adapt to the lawsuit activity the humanized demands, and promote legal method into practice. The third part divides the impact factors into subjects, systems and legal methods. The fourth part searches for the practice path to realize the idea. In subject factors, we have to improve the ideal image of judges, and refrain from the idea of Pany-oriented. In judicial systems, we should realize the public judiciary through the establishment of the referee documents public system, realize the collaborative judicial through the legal professional community formation, realize the foreseeable judicial Through the constraint discretion, realize the judicial trust through the retiring of judge’s private interests, realize the sustainable of justice through dredging the channel to express public opinion. In the legal methods, it is important to pay more attention to the application of legal analysis method and interest measure method. Judicial arguments should transcend the judge perspective, focus on both sides of the argument. Interest measure should at least accord with the existing laws formally, with the case guidance system summarizing the classification and the steps of it.