Study On Revolutionary Thinking Of China’s Judicial Process

China seized power after a long-term revolutionary struggle. With the long-term revolutionary tradition, revolutionary thinking used to occupy the mainstream position even play a vital role after the founding and this profoundly affected our judicial work. In the field of justice, the revolutionary thinking and the rule of law are completely two different ways of thinking.Revolutionary thinking exposed many irrational of the Chinese judicial process, including philosophy and institutional. However, the judicial process must implement the rule of law inherent in the rule of thinking and its inherent logic. In the view of the theory of revolutionary thinking is facing difficulties, this paper will systematic study the impact of revolutionary thinking in the judicial process.The main text of this paper is divided into the following four parts:Overview of revolutionary thinking.In historical background perspective, this part focus on analyzing the origins of the contemporary revolutionary thinking, they are:Three People’s Principles, the doctrine of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory. Trying to undertake these theories in a coherent history, so as to clarify the context of the formation of revolutionary thinking. Through a more comprehensive analysis of the features of revolutionary thinking, we can reasonably hope to explain the phenomenon of revolutionary thinking exists in judicial field.Revolutionary thinking of Chinese justice.This part is mainly to explore the influence of revolutionary thinking under the Chinese judiciary will show how the style. In order to sort out the law of the judicial application in the order of history, to find out the legal basis for the existence of revolutionary thinking, and to explore the possible causes of revolutionary thinking.Judicial tragedy triggered by revolutionary thinking- in injustice viewpoint.This part is the time frame in particular during the crackdown, analyzed thoroughly in several typical unjust case. Analysis of the reasons from the unjust case some scholars start, summed up the thinking origin of unjust case occurred. Steering from revolutionary thinking to legal thinking- the governing way by law dispel the governing way by revolutionary thinking.By revolutionary thinking to the rule of law thinking-- the way of ruling by law. According to the established eighteen law thinking, inquired into the conflict may exist between revolution and rule of law thinking and finally summarizes the thinking revolution in the thinking of the rule of law are two ways, from two aspects of constitutional thinking and Legal Rhetoric construction thinking of the rule of law.