Study On The Legal Connotation And Realization Path Of Case Justice

Judicial justice is not only an important guarantee for socialist modernization construction,but also an inevitable requirement for socialist rule of law construction.As an abstract concept,judicial justice needs to demonstrate its value through a series of fair judgments in specific cases.Therefore,judicial workers have always taken the realization of individual fairness and justice as their work pursuit and value goal.At the theoretical research level,this paper takes the concept of case justice as the entry point,deconstructs the abstract concept,analyzes the connotation of the concept of case justice on the basis of clarifying the relationship between the two concepts of case and difficult case,and studies the theoretical approach to the realization of case justice on this basis.Dworkin’s holistic judicial principle emphasizes the explicit discretion of judges,gives full play to the role of legal principles,and promotes the realization of individual justice.Under the premise of clarifying its binding characteristics,the theory of "same case and same judgment" intends to limit judges’ discretion by maintaining judicial certainty and predictability,further strengthening the protection of trust interests,and promoting the realization of individual case justice.Legal rhetoric,on the other hand,integrates situational thinking into judicial adjudication,promotes the realization of justice and democracy by promoting the quality of legislation,and promotes the realization of justice in individual cases.Although the above three theoretical approaches differ in research perspectives and methods,they ultimately pursue the same goal,that is,to provide theoretical support for the realization of case justice and promote the smooth realization of case justice in judicial practice.On the basis of the above theoretical approach,the legal connotation of case justice is deeply analyzed from three aspects.First,from the objective requirements of the people’s nature of the judiciary to demonstrate,combined with the people-centered judicial position,the practical requirements of enhancing judicial credibility and justice as the core of the judicial concept,to explain the legal connotation of case justice;Secondly,from the analysis of the constitutive obligation of judicial adjudication,on the basis of the interpretation of the connotation of the constitutive obligation of judicial adjudication,analyze the nature of case justice,and further clarify the relationship between case justice and legal adjudication.Thirdly,the author analyzes the intrinsic power of inheritance and change of traditional Chinese legal culture,and sorts out the internal connection between case justice and traditional legal culture.Problem analysis and solution path exploration level,in the process of realizing case justice in our country,still facing the judge to the lack of interpretation of judgment documents,application of judicial artificial intelligence technology,the negative effect of network public opinion,etc.,then we should face the problems,combine the theoretical research of the law and judicial practice,actively seek to solve the problem,We will strive to explore a path for realizing individual case justice that suits China’s national conditions.