The Evolution And Reflection Of Judicial Concept In New China

The process of China's legal modernization,in the guiding position of thought is mainly "pragmatism","empirical",and "utilitarianism",which leads to the judicial practice in the concept of "unprepared" problem is significant to spawned many abuses,correct cognition of socialism with Chinese characteristics the judicial idea of the importance of self-evident.In order to further deepen the understanding of our judicial concept,it is extremely important and urgent to review the history of the evolution of the concept and summarize the experience of the development of the concept.The introduction mainly includes the elaboration of the research value andsignificance of this paper,the literature review related to the judicial concept,theintroduction of the main research methods and the main innovations and shortcomingsof this paper.The contents of the literature review include the definition of the conceptof justice,the study of the traditional Chinese judicial concept,the study of the legalconcept in the shan-gansu-ningxia border region,the study of the judicial conceptoutside the region and the study of the concept of department law.The first chapter is a systematic review of the evolution of judicial ideas after the founding of the People's Republic of China.This includes 1949-1976: the generation of judicial ideas under the logic of the revolution.During this period,the judicial work mainly practiced the "mass line",implemented the integration of politics and law,and ensured the party's absolute leadership over the judiciary.The second stage is the reflection on the judicial concept after the chaos was rectified from 1977 to 1997,thus establishing the dominant position of the legal system,realizing the combination of the leadership of the party and the independent exercise of the functions and powers of the judicial organs,and severely cracking down on criminal crimes.The third stage is 1998-now,the judicial modernization of the reform.The contents of the reform include promoting the reform of judicial specialization,establishing the independent judicial system,implementing the judicial responsibility system,promoting the efficient operation of the judiciary,deepening the measures of judicial openness and broadening the channels of judicial democracy.The second chapter analyzes the law of judicial idea evolution.The theoretical origin of the judicial concept is mainly the judicial experience of shaanxi-gansu-ningxia border region and the western modern judicial concept.The main factors influencing the evolution of judicial concept are the change of the work of national center and the development of social economy.The characteristics presented in the process of the evolution of judicial concept are that judicial justice has always been the core of the judicial concept,judicial decentralization and administration are the main trends,the system function under the principle of judicial transparency has changed,and the connotation of judicial service for the people is deepening with the development of the society.The third chapter summarizes the judicial concept of socialism with Chinese characteristics.In real life,the judicial concept can build the communication bridge between the judiciary and the society,promote the realization of the judicial identity,and provide systematic guidance for the judicial reform,so as to realize the unity,continuity and stability of the operation of the judicial system.The contents of the judicial concept should include the leadership of the party,judicial impartiality,judicial service for the people,judicial transparency,judicial efficiency and judicial organs exercising their functions and powers independently according to law.The interior of the socialist judicial concept with Chinese characteristics is always in a state of dynamic balance,playing its respective roles in different judicial fields,so as to promote the sound operation of judicial institutions.