The Judicial Concept Of Socialism With Chinese Characteristics

The impact of judicial activity is rising in Chinese society, trial has become one of the tools of regulating social life, more and more social relations subject to the influence of trial, and the role of justice has become increasingly prominent. Currently, we are forced to adopt a legal transplant method in the process of judicial reform because of the diversity of judicial philosophy. However, the blindly copy cannot solve all the problems. Any form of existing laws and the existence and operation of the judicial system cannot be a simple matter of the framework, it is a unified result of philosophy and system.From the existing outcome of judicial reform, the judicial philosophy has not aroused enough attention. The judiciary only build actively on the judicial system, resulting in the immaturity of the concept itself or the system design concept did not catch the essence of the problem. Therefore, the new rendering features and the new situation of judicial philosophy requires us follow the guidance of Marxist legal theory, and choose a scientific judicial philosophy which matches China’s national conditions in judicial reform.This paper is divided into four parts. The first part explains the meaning and value of the concept of justice. Through the study of the concept of judicial philosophy, we know that the socialist judicial philosophy is based on the socialist system and the principles of socialism. The judicial philosophy is in line with our state system(the people’s democratic dictatorship of socialist state), is rooted in traditional Chinese history, is based on the actual situation in China and is focused on the world of modern civilization. The second part describes the evolution of the New China judicial philosophy and combs the evolution track of the judicial philosophy since the founding of New China. It concludes the " the people’s justice" to the " supreme law " to " people-oriented" judicial philosophy which has guided the design and operation of the judicial system. The third part reflectively elaborated the New China judicial practice. Our judicial philosophy is a confused culture of traditional culture and modern Western culture. There are a few points about the inadequacies: Marxist philosophy of law perspective distortions and dogmatic application, judicial philosophy and the judicial system is not uniform, judicial body’s cognitive lag of the judicial philosophy, "peopleoriented " concept of judicial bias in the application. The fourth part describes the practice path to consummate the judicial philosophy with Chinese characteristics. This part echoes the third part of of the article, takes reasonable countermeasures on the problems. In theory, we conduct a radical reform to the core of Marxist philosophy of law throughout the re- reduction of the indifferent Marxist philosophy of law and the use of scientific methodology in practice; In the judicial system, we regulate the transition from the judicial philosophy to the judicial system through the reform of the judicial administration, the improvement of the judicial system and the building of the public judicial oversight mechanism; In the aspect of judicial body, we improve the overall quality of the judiciary, the staff and the majority of citizens through shaping the image of the judge and the improvement of the citizens’ legal concept; In judicial practice, we ultimately complete the core subject of the "people- oriented" judicial philosophy through the proper understanding of "people- oriented" judicial philosophy, the avoiding of the " client-centered ", dredge the channels of public expression and the improving of the people’s jury system.