An Study That Judicial Lead The Society To Goodness

With the implementation of legal construction and the improvement of civil right and people's legal awareness in china,justice has gradually become top priority for resplving disputes and contrudictions.More and more contradictions and disputes are emerging in judical authorities,which brings unprecedented challenges to judical reform on the one hand and provides opportunities for deepening justice into social governance.Justice is litigation in china,it refers to the activity in which a specialized state organ applies the law to settle disputes in accordance with legal procedures within the scope of its statutory functions and powers.Although we cannot equal trial to litigation,but there won't be litigation without trial.Therefore,the trial of people's courtl(be abbriviated as court in the following)will certainly be the core part in the process of litigation.In the meantime,the court's trial activities are intended to result in a written judgement in most cases.Therefore,the judical decision made by the court which emphasizes on judical publicity provides basic prerequisite for the public to sense judical justice.Good judical decisions are in line with social values of justce and equality,and respond to people's concern in a positive way.On the contrary,bad judical decisions have an negative influence on the society.Therefore,this paper mainly makes an research on judical decisions,and regard them as a starting point to study justice,so as to have a brand new understanding to the function of justice.Moreover,with the establishment and improvement of socialist legal system.In china,its legal construction has made sure that there are laws to abide by.Justice are served as a mechanism that apply laws to specified cases to resolve disputes and conflicts.However,the exposure of miscarriage of justice,such as “Hugejiletu” “Nie shubin”,lead to people's mistrust to justice and pose threat to the credibility and authority of justice.After the judgement of “Xu ting” and “Xuyunhe”,in which people support the opinion that they didn't knock the old men down and shouldn't take responsibilities.All these case result in moral degrading and cause a losting negativeeffect on the society.Problems caused by “definite divission”without “dispute resolution”,make us review the function of justice against the backgrount of emphasizing justice and judical publicity.Combined with current judical practice,we believe that besides the tradition function of “definite division and dispute resdution”,justice should also play its part in leading social value and the society to goodness in the transitional period of the society featuring “acquaintance society”.In the first part,this paper starts from specified cases and introduces its core viewpoint that justice embodies the function of leading the society to kindness.In the second part,it introduces the connotation and extension of leading the society to goodness,as well as their characteristics.In the third part,it analyzes the chanllenges that judicial faced to lead the society to goodness.In the fourth part,it analyzes the prerequisites and approches that judicial need to realize its function of leading the society to goodness.In the fifth part,it summerize the core viewpoint of this paper.