A Research On The Tendency Of Judicial Populism And Its Solutions Of Contemporary China

With the initial formation of the socialism legal system in China, the point ofconstruction of rule of law and legal research moves onto judicial era from legislativeera.This article is also concerned about the problems in the field of justice, attemptingto explain the problems using the framework of populism. Populism has experiencedseveral climaxes in the practices of many countries, theoretical study of it alsounceasingly gets thorough, which has become an important tool for the analysis ofmany social problems. The development of populism in China also experienced along history and at the moment it has become an ethos with great social impact,which influences the judicial area greatly. Populism is a powerful analytical tool,which provides a new perspective for the study of the problems in judicial practice ofcontemporary China. This paper firstly defines the basic concepts of populism bygrasping its core elements and basic characteristics and restricts the range ofcontemporary China justice, which makes the basis of the following argument. Then,the author objectively describes the rise of populism and at the same time, the returnof the tradition of people’s judicial in contemporary China. The key of this paper isthe third part. In this part, the author demonstrates the judicial mass line as anexample to make a confirmation of the tendency of judicial populism in contemporaryChina. In addition, the author summarizes the other manifestations of the tendency ofjudicial populism in contemporary China in order to get a comprehensiveunderstanding of it, including the transformation of the philosophy of judicial reform,the idea of administrating justice for the people was put forward and generalized,bring up Ma Xi-Wu Styled Trail again, the propose and practice of Chinesejudicial activism, too much emphasis on the introduction of opinion to judicialadjudication, judicial populism in typical cases etc. The fourth part carries on atheoretical analysis of the tendency of judicial populism. Firstly, the authorsummarizes the adverse consequences it would bring, such as dispelling judicialrationality, damaging judicial authority, and encouraging the irrational social culturepossibly. Then the author tries to explore the reasons of the tendency of judicial populism. In the last part of the article, the author proposes a number of solutions tocrack the tendency of judicial populism in contemporary China.The possible innovation of the paper lies in that the author analysis the problemsin contemporary China judicial practice systematically, using the populismperspective. The author confirmed the existence of judicial populism tendency incontemporary China, summarized its manifestations, explored its effects and thecauses, and proposed the corresponding solutions.