Concerning The Judicial Social Effect And Its Limits

Good social effect is the pursuit of the intrinsic value of judicial activities,but also an important measure of whether the judicial operation is effective.Today,China is in a special period of social transition.The difference between the interests of social persons is increasing and the social relationships become more complexing,resulting in increased social contradictions,that is not beneficial to social stability and development.There is an urgent need to change the concept of justice in order to adapt to the development of society.The propose of judicial social effect,not only for providing a strong judicial protection to social and economic development,but also can balance the interests and benefits of all sectors of society that lead to social harmony.Although the reference to the effect of judicial society is a old story,but the situation of the practice not meet the ideal state.Such as the definition of judicial social effects is unclear,the lack of objective measurement standards and the limit is unknown.On the basis of analyzing and defining the basic theory of judicial social effect,this thesis analyzes the ways and value of realizing the effect of judicial society in China,and puts forward some suggestions on the effect of judicial society in our country.In addition to the introduction and conclusion,the thesis consists of four parts:The first part,the meaning of judicial social effects and measurement standards.On the basis of fully explaining the interpretation of social effects on various theories,this thesis argues that the so-called judicial social effect refers to the fact that judges in the specific case,according to the judicial and reasonable selection to applicable laws for resolve the contradictions and conflicts between the parties,Harmony,and access to the public on the court referee recognition and affirmation,thereby enhancing the authority and credibility of the judiciary.The measure of achieving good judicial social effects includes two,one is the solution of contradictions,the other is public recognition.The second part,the value of judicial social effect is discussed in this part.The basic position of this thesis is in favor of considering of the judicial social effect.Therefore,it discusses the value of judicial social effect from three aspects: narrowing the gap between law and society,improving judicial credibility,supervision of judicial power and realizing the independent exercise of judicial power.The third part,We will explore the achieving way of the judicial social effect.Judicial referee to achieve a good social effect,access to public recognition must pay attention to judicial and public communication.The article is written from two aspects: the judicial and public communication mechanism and the judicial guidance to the public.The way to build a benign communication mechanism is to establish a communication platform,increase the information disclosure efforts,improve the people's jury system,after the sentence to explain;judicial guidance of the public approach is to clear the degree and standard of judicial documents,cultivate public rule of law thinking.The fourth part,the necessary limits of the judicial social effect.The judicial social effect of pursuing the referee is the proper meaning of justice,but it needs to have some limitation.The limitation in ordinary case and difficult case is different.Ordinary cases refer to cases where there is no dispute about the application of legal norms.In such cases,judges consider social effects subject to legal limitations.A difficult case refers to a dispute about the legal norm that needs to be applied,or there is no general legal norm at all.When a judge pursues the social effects of such a case,he will be subject to reasonable limitations.