| A civilized society, the internal relationship is bound to "justice" to regulate the socialconflicts, regulate various social subject and the interests of all parties, in order to resolve theproblem, provide the healthy development of the society and the rob into internal power, ifthis "regulation" injustice, so no central government to whitewash, this "unfair" will leavecountless troubles in the development of the society, the seed is not controllable buried,interfere with the normal development of the society, this society also can not be said to be"civilized". At present we China society is at a critical stage, profound changes have takenplace in the social structure, the social value system continue to diversify, this leads to avarious aspects of concept of value collision, friction, intertwined, and general social masseshas not yet formed is also difficult to form a unified judicial justice value judgment standard,social the masses have a common blind and a sense of helplessness, in a weak position on theother hand, the relative advantage of this has been deprived of feeling and sense of injustice,produced a large number of social conflicts in the absence of the right guidance, resulting inmany legal petition, group events, the petition cases continue to occur. China has made somemeasures to solve these problems, the judicial reform achieved a lot, but compared to thecitizens of the growing demand for judicial justice and social justice on the growing standardis not enough.Contemporary Chinese committed to building a socialist harmonious society, and animportant symbol of a harmonious socialist society of justice. The realization of judicialjustice to resolve the problem of litigation petition, the development of the socialist marketeconomy, the construction of a harmonious society has important significance. Theconstruction of socialist justice to the previous experience of developed countries, combinedwith China’s social status and cultural traditions, building with socialist characteristics of thejudicial system in line with China’s national situation. In recent years, with the developmentof justice, foreign emerge many excellent system, such as the Japanese participation systemand the system of Britain, USA simplified the procedure and so on, many aspects all can seethe weaknesses of our system in comparison.Judicial justice is the law to their own requirements, but also the construction of thegovernment ruled by law, the requirements of the country under the rule of law, its basiccontent is to be in the process and result of judicial activities reflect fairness, equality, right,justice spirit. The subject of judicial justice is the judicial personnel to judge mainly. Theobject of judicial justice is including the various cases of the parties and other participants in the proceedings. Judicial justice consists of entity justice and procedural justice, substantivejustice is the fundamental goal of judicial justice, procedure justice is the important guaranteeof judicial justice.This paper discusses the deficiencies existing in our judicial system, find the reasons ofjudicial injustice, to analyze the reasons, and puts forward the solutions of personal opinion.This paper adopts the "what is","why" and "how to do" logic structure, the supervision andjudicial justice issues in-depth analysis, gives his own opinions and suggestions.The unjust phenomena of current main justice has the following several points: first, thejudicial organ allocation of rights in China and the unreasonable structure; second, the courtdoes not have its own independent status and power; third, the judicial personnel causedjudicial injustice; fourth, the court of the "judicial tyranny" phenomenon, the existence of fifth,many unjust phenomena trial procedure. In response to these practical problems, the authoranalyzes the reasons of judicial injustice, there mainly are: not enough perfect legislation;judicial power itself cannot be independently exercise; the contradictions and problemsexisting in judicial system; judicial procedure can not fully play the role; uneven judicialpersonnel quality; judicial supervision; external interference is serious and so on.Analysis of these phenomena for what reasons, the author thinks that the judicial systemis our country can improvement, according to the relative lag of the judicial system andworking mechanism and the people’s demand of judicial justice growing does not adapt thiscontradiction, we must establish the safeguard mechanism of judicial justice. To establish theprotective mechanism of judicial justice is fundamental to the judicial reform, the reform ofsecurity mechanism required to build a political, system, supervision and main body, in orderto make the operation of judicial power to meet the need of democracy and the rule of law inmodern society. The most important thing is to ensure the judicial independence, no judicialindependence will never have the judicial justice. The independence of the judiciary and weall need the guarantee system, from the legislation, procedures and concepts, the need tocompletely separate the judicial power and administrative power. At the same time, tostrengthen the judicial supervision, the most classic exposition than Montesquieu pointed outin "the spirit of the laws" in one book:"all people have the power to abuse of power, this is aneternal and unchangeable experience". Visible, power must be supervised is the basic rule ofany one country to pursue democratic politics in the operation of public power, uncheckedpower will inevitably lead to corruption. The most important in the supervision is not to beconfused with the interference of supervision, supervision of the National People’s Congressand the party must be the major aspects, and can’t be supervised case. The judicial reform in China has entered a crucial stage of the most arduous, judicialreform whether the combination of Chinese and foreign experience, accomplish the expectedgoal with the spirit of advancing with the times, is directly related to our country reform andopen policy can further implementation, related to China’s socialist market economic systemwill be recognized, major problems related to the well-being of our country our people’s lifewhether. In order to realize the judicial fair goal, must first change the judicial idea,emphasize the main judicial rule of law... |
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