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A Theory Of Justice For The People With Perception Of Humanity

Posted on:2014-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2246330398978576Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Justice for the people is the guiding ideology of the People’s Court in the new circumstances. In some court practice justice for the people of the actual process, but there are some superficial people which is in reality harm people measures. We must understand the connotation of "justice for the people" to do justice for the people, and we also need to grasp the essence of justice for the people, in order to really do justice for the people.According to the analysis of human nature, we interpret that the essence of humanity is profit and avoid from harm. People selected democracy and the rule of law in the intercourse to protect their achievement of rights based on their humanity of profit and avoid from harm. After the choice of democracy and the rule of law, people use "justice" which is a comprehensive value judgment system to measure the actual effect. Then people ask for more requirements to achieve the goal of "justice" on the rule of law, such as:efficiency, advanced, civilized and so on. On the way of the pursuit of "justice", people found mat the judiciary must be neutral which is on the need to be independence. Based on this, people allow the judiciary to be independence and give the supervision on it."Justice" will have a conflict just like there will have many conflicts among some value orientation in real life. The judiciaries have a wonderful hope that if can fit both procedural and substantive impartiality. Due to the constraints of reality, the judiciary can only choose to safeguard interests of the people through the procedural impartiality when mere is a conflict between procedural and substantive impartiality. So, in order to do justice for the people, it is necessary to respect the people’s pursuit and protect the rights of people. In order to achieve the goal of the interests of the overwhelming major people, the judiciary needs to Implement rights-based thinking deep into the day-to-day judicial work, and adhere to democracy and the rule of law to complete the task of justice for the people by the use of judicial functions independently.The judiciary should be clear understanding of their target which is serve the public by the local realities under the premise of strictly in accordance with law after analysis of the scientific connotation of justice for the people. To achieve the goal of justice for the people, we need to do the following. First of all, establish a correct concept of "justice for the people" ideologically. Then, reform the existing institutional which is unreasonable to make sure that judicial functions can run better. And again, give full play to all judicial functions; achieve the "for the people"goal which is realizing the interests of the broad masses of the people. Again and again, the judger should fully protect the rights of the parties in their judge work, should treat every people in every case responsible, clear he jurisprudence and the truth and solve the problem completely. Last but not the least, the judicial power should be promised to be "pure without will" through rational supervision and anticorruption to judicial team so it can serve people better and can strengthen the faith of the people’s trust in the justice and the rule of law.Justice for the people, of course is the implementation of "for the people" in the judicial work. To achieve the great goal of realize the interests of the overwhelming major of the people, we also need the coordination and cooperation of all aspects include the judicial, administrative and others. After the achievement of the interests of the overwhelming major people, the socialist economic construction and construction of spiritual civilization will be promoted. And then the economic construction and construction of spiritual civilization turns to accelerate the construction of "rule by law", In this case, we can develop a highly developed and civilized socialist country which is ruled by law ultimately, and finally achieve the goal of the great rejuvenation of the Chinese nation.
Keywords/Search Tags:Humanity, justice for the people, achieved, impartiality
PDF Full Text Request
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