On The Improvement Of Judicial Policy Practice Function

Because of the inherent defects of non-conformity,non-permanence,ambiguity and lag,the judicial itself also has shortcomings such as staleness and inefficiency.Judicial policies make up for legislative gaps,provide value guidance,coordinate conflicts of interest,and guide justice.Practice and respond to social needs play an important role.Judicial policy has increasingly become an important link between politics and law,connecting legislation and justice.In judicial practice,the Supreme People's Court has formulated a large number of judicial policies in various forms,and local courts at various levels have also followed up within the scope of their functions and powers.These judicial policies mainly include judicial interpretations,guiding opinions,communique cases,notices,replys,replies,methods,etc.;in terms of content,there are both macro-value guidance and micro-level case guidance,both abstract The principle of trial,there are specific methods of law application,as well as a large number of reform measures within the court system,management law,and so on.Judicial policies tend to be both political and legal,and will continue to accumulate,cover a wide range and scale according to economic and social development and judicial practice needs.Judicial policies are diverse and their nature,status,effectiveness,function and application should naturally differ.Judicial policy should have its own boundaries,and we should give full play to its positive role in suppressing its negative effects.The purpose of this paper is to use the application of judicial policy in the field of civil and commercial trials as an entry point,analyze the status and function of judicial policy,analyze the shortcomings of judicial policy in the formulation and application,and then seek the way to optimize functions.The first part is the analysis of the practical function of judicial policy.This chapter begins with a basic interpretation of the meaning,characteristics,and classification of judicial policy,and then preliminary exploration of the function of judicial policy.The second part is the analysis of the current status of judicial policy and the existing problems.This chapter mainly summarizes the application of judicial policies in civil and commercial trials through empirical research.On the basis of summarizing the different views of scholars on whether judicial policy can be used as the source of civil law,further explore the problems in the formulation and application of judicial policies,and find directions and breakthroughs for solving problems.The third part is the foreign experience and enlightenment on judicial policy.This chapter mainly examines the formulation and application of foreign judicial policies,and further explores the status and function of judicial policies and seeks reference.The fourth part is the Improvement ideas and optimization measures of judicial policy practice function.This chapter mainly from the perspective of practical function improvement,around the problems raised earlier,attempts to explore and improve the judicial policy application mechanism,and from the formulation of generation,layered application,filing review and other aspects of optimization recommendations.