Theoretical Research On The Judicial Recommendations System

The concept of the judicial recommendations institution has changed today,it means:" When People’s courts at all levels in the judicial work discover that the party and government organs, enterprises, social organizations and other social organizations have problems working methods, management system, rules and regulations, etc, they can put to them to promote their strengthening management, plug the loopholes and improve their work to prevent further mistakes.’The grand practice of the judicial recommendations across the country shows that it has become an important task in today’s court initiative extending its social function. Faced with the conflicts between practice and legislation, reconstruction of the judicial recommendations system is regarded as the primary of all the work.For thelack of theoretical research on judicial recommendations has become commonplace, This paper focuses on the theoretical level of the judicial recommendations,and attempts to explore the theoretical basis of judicial recommendations, the nature, functions, and border issues, finally provides a theoretical foundation for supporting practical activities.Faced with the conflicts between practice and legislation, first of all, the paper places the judicial recommendations system under the background of "restructuring society".Based on the inevitable changes in social change, driven by the law,and traditional forms of legal can not meet the rapidly changing social reality, responsive Justice becomes the China’s judicial justice modelthat consistents with the current national conditions. Theories about the social mission of the Court in responsive Justice ——Judicial social responsibility provides a theoretical support for the research of judicial recommendations system. Therefore, the features of Judicial social responsibility are regarded as the paper’s main line to achieve depth analysis of the proposed system of justice. Judicial recommendations system contributes to achieving justice social responsibility, Justice social responsibility principle constitutes a theoretical basis for judicial recommendation; Diversity of justice social responsibility practice mode determines the transformation of social justice approach is not closed, single, passive, but active involvement, negotiated. Justice social responsibility ability of the compound determines the judicial recommendation inevitably highlight three functions of the contemporary court - public policy formation, social control, power restriction. Core characteristics of justice social responsibility determines that judicial recommendations system must adhere to the boundaries of the judicial power and can not substitute.