Epistemological Thinking Of The Judicial Law

"Judicial law" in 2016 appeared in the work report of the supreme people’s court justice attracts the attention of the judicial theory and practice. Judicial practice in our country is difficult to obtain long-term development and meet the needs of ordinary people to justice in the long term.One reason of it is that we neglect justice rule, especially applied the administrative law to the justice. This thesis hopes to explore the judicial rules related questions of epistemology, pay more attention to the judicial laws, deepen the understanding of the law of justice, providing theoretical basis for the current judicial reform, promoting judicial reform, promote the realization of judicial justice.First of all I write have to meet the conditions of judicial law in this paper. Judicial rules should be divided into two levels to understand: the first is the law of philosophy and the second is the law in the judicial process. Marxist philosophy believes that law is the inherent relationship between things. Not only the nature has law,but also the social life has law too. Social law is objective as well. The objectivity of the law does not mean that people can do noting with it, people can give full play to their own subjective initiative, understanding, discovery, and summarize the rule through practice. Judicial activity is a kind of social practice activities, which inevitably contains the rule. For how to realize the judicial rules, the author puts forward two points: the judicial law is the scientific basis of the judicial activity and to understand the judicial law and follow the tendency of help us to avoid the judicial subjectivism. In which the author with the law of justice did distinguish with the related concepts, such as judicial nature, legal principle, judicial philosophy. Judicial law is objective and universal, but their judicial rules form is varied, the two should not be confused.Paper believes that judicial law can explain all the measures in the judicial reform,because the judicial law reflects the fundamental connotation of legal operation. The judicial rules reflect its basic attribute. These properties are embodied in three aspects: first, justice must reflect the characteristics of the body politic. Justice is not a castle in the air, it must exist in a country’s political system. Our country is people’s congress system of government, judicial produced and run in them, it should match the feature. Second, the justice must be accompanied by the development of society and change. Justice is running in the society, it will be as the change of social politics, economy, culture and development, the most obvious is embodied in the judicial system and judicial philosophy. At last, the jurisdiction must reflect the essential attribute of judicature. The essence of judicial power attribute is the judge. This requires judicial centered to the referee, impartial. Only do this, the justice to realize the value of its own. In terms of the law of justice value, also has three points: first, the highest pursuit of justice must reflect the people’s sovereignty intention. Judicial power is a kind of state power, but in the final analysis is derived from the will of the people. The people authorize judicial organs to exercise judgment of disputes. This is also the legitimacy of judicial power source. Based on this, judicial power can’t be with the people’s sovereignty will insulation of monopoly power. The value pursuit of it must be consistent with the value pursuit of the public. Second, the operation mechanism of judicial jurisdiction as to make the scientific operation. Finally, the judicial judge need to responsible for the result of the trial. Only by means of system requirements judicial responsibility for your referee, can urge the judicial person more cautiously unavailability, increase the judicial person acts as a consciousness, a better implementation of justice. To achieve such a goal, it is necessary to formulate supporting a series of system, truly implement the "judge should be responsible for his trial".Paper in the third chapter puts forward the epistemology of judicial rule evaluation standard. Evaluation standard of epistemology is: law of the judicial justice is in line with the development of rationality, progressive and scientific standards. It is divided into general standard and special judicial rules which accords with the situation of China. The author thinks that, the general properties of regular inspection standards into occupational, independence, objectivity, impartiality and openness, and ultimately the referee. The judicial professional with its own complexity and abstract are inseparable. As the judge, not only need to master the system of legal knowledge, but also need skilled professional skills, rich social experience. In addition, in view of the theory about legal professional will legal monopoly in the hands of a certain group, conflict with judicial democracy of discussion, the author made a negative answer. Judicial professional does not exclude the judicial democracy, on the contrary, the pursuit of justice is professional in order to better achieve justice for the people. Only with other separation of powers, judicial independence within limits, to guarantee the impartiality of the result. Judicial power is the power of the weak in the state power, because it itself neither sword nor purse strings, just judgment. The judgment result of enforcement even need the help of executive power. But if it can’t run independently, interference by other power, power, or individual, so it loses its meaning and value of existence. For society, judicial injustice can also lead to serious consequences. Judicial independence in the modern country under the rule of law are recognized and follow. Justice is the activity of a conservative. It can only be in view of the existing disputes and the parties submit to the court for judgment. Justice must be restrained. Besides program launched in passivity, in the process of the referee, it must also be neutral to both parties without any prejudice. The ultimate goal of judicial offices to pursue value is justice. To achieve judicial justice, to the judicial public. Judicial public, can make the judicial person dare not abuse of power, can eliminate external forces of judicial intervention, more make the parties and people can see the process of justice is implemented. Justice is by public power under the guarantee of the dispute settlement mechanism. Only the finality, the dispute can be solved, otherwise, disputes will fall into a state of constant, society will be chaos and instability. For judicial law with Chinese characteristics, the author thinks that this is the order of the judicial realization forms in China. Adhere to the "three supreme" is the idea of law of our country judicial ideology to follow. China is a socialist country, all power belongs to the people, this be achieved under the leadership of the party. And to achieve this goal, we must insist on governing the country according to law. Stick to the idea of National People’s Congress supervision is regular rules of judicial power development in our country. Adhere to the judicial service overall concept is the understanding of the social development of our country characteristics. Our country is in and the primary stage of socialism for a long time, the rapid development of economy makes the social contradictions have become more severe. Justice must be able to realize its social value, and demonstrate its social function to realize the value of its existence meaning.Paper finally concludes that "law of justice" is no longer a pure academic concept, it has become central to promote judicial reform the directing theory for the philosophical level. We need to carry out in our current judicial reform.China is actively promoting justice reform in China. In the process of judicial power operation and judicial practice, master the law of judicial logic structure of this kind of special social cognition activities, can provide deep theoretical basis for judicial reform development trend, promote the fair and justice, establish judicial authority, and make the people realize fairness and justice in the judicial cases, so as to promote the realization of social justice.