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On The Path Of Achieving Judicial Justice

Posted on:2020-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2416330602954163Subject:Law
Abstract/Summary:PDF Full Text Request
Justice is a highly interactive activity of participants.The discussion of judicial justice is only academic or institutional.From the perspective of judicial practice in F City,this paper discusses the approach to judicial justice,hoping to provide a positive supplement to judicial practice and provide new ideas for academic research.The paper is divided into three parts:The first part is the theoretical understanding of judicial justice,that is,the core value of the first section and the conditions of the second section,mainly expounds that judicial justice,as a measure of value,needs to establish a bridge between the legal provisions and the departmentalizes to connect "providence" and "intention".Absolute substantive justice is often difficult to achieve,procedural justice is closer to the judicial justice understood by the public in psychological standards,and it is easier to reduce the choice of private relief in non-legal ways.Judicial justice is a multi-angle and all-round system.On the basis of setting up a just judicial system,judicial personnel should have professional legal literacy,guide the parties to claim and realize their interests according to law,and properly handle the relationship between judicial justice and administrative power,judicial justice,social supervision and public opinion.The second part is the methodological understanding of judicial justice,that is,the third section of the problems and objectives in judicial practice,the fourth section of the the approaches to justice.China’s judicial practice has long practiced the "judicial syllogism",neglecting the scope of judicial effect such as document theory and procedure publicity.It regards substantive justice in the final sense as the value goal pursued by litigation,and there is always a contradiction between agnosticism and the pursuit of truth.The legal documents with justifiable value and reasoning content,which are produced by one price according to legal procedures,can build a bridge for the parties to understanding and accept judicial justice.The third part is the practical understanding of judicial justice,that is,the fifth section of the court judicial practice exploration.Mainly combined with the construction of system and mechanism of the people’s courts at two levels in F city,this paper introduces and explains the beneficial influence of judicial justice in judicialpractice.At present,China has formed a "big mediation" diversified dispute resolution system,but in practice it is quite controversial,and the degree of social recognition is low.Perfecting the mechanism of the "litigation and non-connection convergence" can not only realize complementary advantages,save judicial resources,but also help to establish a bridge close to judicial justice.
Keywords/Search Tags:Judicial Justice, Approach Justice, Due Process, The Complaining and Uncomplaining Connection, Justice Acceptance
PDF Full Text Request
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