Value Construction Of Organic Law Of The People’s Courts

To study the structure and function of the Organic Law of the People’s courts from the perspective of value is essentially to explore the value structure of the Organic Law of the People’s Courts,including static value structure and dynamic value process.The Organic Law of the People’s Courts is composed of such value elements as the people’s character,justice,efficiency,professionalism of judges,judicial supervision and judicial independence.Among them,justice and efficiency are values in the philosophical sense,while the people’s character,professionalism of judges,judicial supervision and judicial independence are values in the normative sense.The interrelationship of all these value elements constitutes the static value structure and the value system of the Organic Law of the People’s Court with the static value structure as the core.In the value system of the Organic Law of the People’s Court,the people’s character is the fundamental value,justice and efficiency are the basic values,and professionalism of judges,judicial supervision and judicial independence are other important values.They constitute an organic whole with clear status,clear hierarchy,orderly structure and complementary functions.In terms of value sequence,justice and efficiency value are the first sequence,the people’s character and professionalism of judges are the second sequence,and judicial supervision and judicial independence are the third sequence.When there is a conflict between justice and efficiency,justice should be given priority and efficiency should be taken into account;When there is a conflict between the people’s character and professionalism of judges;the people’s character should be given priority and professionalism of judges should be taken into account;When there is a conflict between judicial supervision and judicial independence,judicial supervision should be given priority and judicial independence should be taken into account.As a constitutional law,the development process of the value structure of the Organic Law of the People’s Courts develops with the changes of constitutional values.Its value structure development process should be coordinated with the changes of the Constitution and other constitutional laws,and with the development of the entire legal system.This is the basis for the development of the value structure of the Organic Law of the People’s Courts.The conditions for the development of the value structure of the Organic Law of the People’s Courts are,on the one hand,the development of the socialist core value system,and,on the other hand,the transformation and upgrading of the reform results into a legal system.The law contained in the development process of the value structure of the Organic Law of the People’s Court mainly revolves around the value of efficiency and justice.In the future,the value optimization direction of the Organic Law of the People’s Court is mainly to improve the value of judicial independence,strengthen the value of judicial supervision,enhance the vaule of professionalism of judges,and increase the value of judicial integrity.At the same time,the Organic Law of the People’s Court should be revised and improved from three aspects: more optimized system,refined legislation and improved structure.