The Judicial Basis Of The Civil Society

Since the goal of building socialist harmonious society is put forward, ourcountry has been striving to realize this goal. The socialist harmonious society is animportant goal of current China’s social construction, the basic idea ispeople-oriented, to achieve this goal depends on the improvement of democracy andthe rule of law, depends on the restriction of the state power and the protection of civilrights. The civil society has such function. And so on, with the deepening of thereform and the development of market economy, the civil society in our countrybegan to sprout. However, the initiation and development conditions of the civilsociety in our country are far from mature. This is mainly manifested with the notperfect judicial system which has the basic security role in the development of civilsociety. Although Chinese scholars have carried out extensive research on civilsociety from many different angles and fields, but the problem of judicial foundationof civil society has not yet attracted enough attention, rarely discussed. Therefore,combined with China’s judicial status and practice, drew lessons from the westerncivil society construction experience, explored the basis theory and the realizationpath of civil society in China constitute the subject of this paper.Civil society originated from the West and matured in the west. Foreign scholarsstudy it from the original classical politics to economic field. The modern westernscholars is extended this theory to the field of culture. Thy emphasis the founction ofsocial integration and cultural transmission of civil society.The scholars of ourcountry analyse and defined this theory from different angles, but so far they haven’treach a unified opinion. The main diea to understand the civil society of domesticscholars mainly divided into two points method(Deng Zhenglai and other scholarsdivided the hole society into political society and civil society) and three pointsmethod(He Zengke and other scholars divided the hole society into public sphere, theprivate sector and the third areas between the both). There is a close relationshipbetween the development of civil society and justice. Justice as one of the basic factorsin thedevelopment of civil society plays an important role. The developmentofjustice not only reflects the demand of the development of civil society, but asloprovides guarantee for civil society further development. The development of westerncivil society is relatively mature and perfect, especially in the separation of the threepowers of state the relations between judicial and civil society which obviouslyprotecte the development of civil society. In fact, the civil society has strong appealfor justice, as an important part of the super structure of justice which can make thedamaged social relations back to normal though the decision of the case. Justice canbalance the country’s legislative and executive power with its power. And thenguarantee the rights from the state power, support multiple social rights and freedomand make thepublic power subject to the rights of civil society requires, and then thepublicpower will be used only for the realization of rights. This protection function ofjudicial is realized by the judicial justice, Judicial justice, judicial independence andjudicial neutrality.To ensure the fair in principle, to achieve independence on-the-job rights andneutrality inthe referee is an essential factor for the development of civil societybased on justice. The traditional administrative lesding the countyry’s development,and there has always been the judicial attached to the traditionaladministrative. Thedevelopment of justice is affected by the traditional political pattern, cultural factorsand the mode of economic development. So that, it is unable to meet thedevelopment of civil society and to assume the responsibility to safeguard thedevelopment of civil society. High centralization of state power to the societyencroached on civil society produced space which leading the civil society has notgood initiation and development in China.The requirements of their own rights and interests have improved, and to meetthe demand of the public civil society has become one of people’s choices, so how topromote our country’s civil society becomes an urgent problem. The relationshipbetween the western civil society and judicial inspires us that to promote thedevelopment of civil society in China need to improve the legal status of our countryand to create a good legal environmentfor the development of civil society. To improve the China’s judicial status, weneed to realize judicial out of administration,make the right operation standardmore clearly, realize the judicial democracy anddraw lessons from the foreignjury mode, perfecting the jury system inour countryfrom specific system. So we can promote the realization of judicial independence,judicial justice and judicial neutrality. On the other hand, we should pay attention tocultural and mental construction which is more important to improve the judicialsituation. External institutional factors can work only through public awareness andtranslate into their conscious behavior. Therefore, playing the guiding role of culture,strengthen the system construction, further improving the people’s psychologicalquality is an important factor in improving the legal status of our country andpromote civil society.. Of course, to improve China’s judicialstatus also need toperfect the judicial procedure construction, including improve judicial personnelselection procedure, enhance the executive procedure, promote the realization ofjudicial specialization and enhance the judicial authority.In short, the civil society can promote the building of a harmonious socialistsociety in China and Create conditions for free and comprehensive development ofindividuals. The development of civil society in China requires judicial which canplay its based security. However, the foundation has not been established, thereforewe should combined China’s judicial status with theactual, and draw lessons fromthe western civil society development and the judicial practice experience. In orderto promote and guarantee the constructionof harmonious society, we can perfectjustice from judicial system and psychological, establish judicial basis for civilsociety. Of course, the construction of civil society also need political,economy andculture. If the Justice is conditioned by legislation then the civil society willbeaffected bythe legislative restriction,these question need to be study.