Normalization Of Judicial Policy Into Case Referees

In order to solve the current judicial problems,the Supreme People’s Court promotes a series of judicial spirit,habits,principles and measures to the judges by integrating judicial policy into judicial interpretation,documents,minutes of meetings,notices,typical cases,etc.As a product of collective wisdom under a specific institutional structure,it is justifiable and realistic for judges to implement the judicial policy formulated by the Supreme People’s Court in handling cases.However,the flexibility of judicial policy has an impact on the stability of the legal system,some judicial policies do not have publicity,judges are more willing to abandon the law and apply judicial policy,and judicial policy and the realization of political functions,there are a series of obvious shortcomings.Practice has proved that judges often apply judicial policy in judging cases,but the specific process of applying judicial policy is still covered by "clouds" and often has the feeling of "shyness" or "mystery".This feeling not only aggravates the biased understanding of judicial policy by the society and the public,but also makes the issue of judicial policy even more serious.Fuzziness,it’s hard for people to figure out.Since the application of judicial policy by judges is a subjective judgment process,this paper analyzes the specific situation of the application of judicial decision by judges,makes a typological analysis of the existing judicial policy,and through a large number of empirical analysis,tries to analyze the deep-seated impact of judicial policy.However,both judicial policy and law are the means of social management,and they are widely used in practice.We should not abandon food because of a series of problems in judicial policy.How to make this use more scientific and make it neither difficult to be accepted by the society because of cover-up,nor break through the rule of law because of over-exaggeration.It can be called the rational return of judicial policy in theory and practice.For this reason,the author proposes to rationally construct the method of applying judicial policy,so that judicial policy can be carried out within the scope of the rule of law.Based on the"process-analysis" method,this paper explores the negative impact of judicial policy from the micro perspective of the application of judicial policy by judges,and finally puts forward reasonable suggestions,which can be said to be a major innovation of this paper.