Moral Values ​​of Justice To Lead The Function

Since the Qing Dynasty, we have embarked on the road of the rule of law. But wecan’t ignore the nation we are influenced by the Confucian culture in the process ofimplementation of the rule of law, with long history and culture, Confucianism hasdeeply embedded in the rule of law. When we are performing the judicial process,we should be in conjunction with Chinas reality, looking for a new judicial function inorder to achieve the judicial function.For the judicial function, there is no uniform conclusion in the academiccommunity. In generally speaking that the function of the judiciary include traditionalfunction and derivative function and the core purpose is to safeguard judicialauthoritative by judicature for people. However, with the economic development,there are some unsatisfactory cases in the judicial process, especially the “PengYuCase” and “Xu Yunhe Case”, the judgment results lead to the discussion in public.Many people began to doubt the judicial, because of the not ethical for judgmentresults which will lead the people do not trust the judiciary. And even is notconducive to the quality of the whole community.In order to solve the above-mentioned problems, the judicial should takeadvantage of the good traditional culture, to find a relationship between the judicialand social value, with judicial anthority and influence, to further enhance theacceptance of the traditional functions of the judiciary in the minds of the people, toprovide a guideline of the road for the public.For justice issues in reality, this article aims to look for a new judicialfunction---judicial value leading function. The function of the judicial has long history,in addition, it has a theoretical foundation and practical experience in our country.The first part of the article introduces the meaning of judicial value leading function,main content, and the limits of necessity. The second section describes thetheoretical foundation of the new function. The third part talks about the value ofthe function. The fourth part of the article discusses the practical significance of thejudicial function. China is under the social transformation, judicial should not only to play itstraditional function and derivative function, but also play its value leading function.