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Jurisprudence Research of Chinese Justice Transformation

Author: ZhouZongLiang
Tutor: SongFangQing
School: Xiamen University
Course: Legal Theory
Keywords: State Authority Justice Transformation Law Transplant
CLC: D926
Type: Master's thesis
Year: 2008
Downloads: 102
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Abstract

Chinese justice innovation has been carried out for twenty years, but we seem still in a big maze. It’s radically because we lack essential guiding theory about justice type and path of innovation. So, the urgent affair is to clarify the chaos knowledge of justice type, construct modern type ideals of justice, then identify the correct direction and choose a proper innovation path. As for research of justice type, Dama(?)ka’s typology of justice takes a unique place, it will benefit Chinese justice innovation a lot. So, this thesis tries to introduce Dama(?)ka’s typology of justice roundly and accurately, and demonstrate how Chinese justice can go out of the innovation maze under the guide of it and transform form Policy-Implementing Type to Conflict-Solving Type.Besides the preface and conclusion, the whole thesis can be divided into five chapters as follows:Chapter 1: The Maze of Chinese Justice Innovation and the Necessity of Introducing Dama(?)ka’s Theory. It describes the chaos maze of Chinese justice innovation, points out it’s radically because we lack essential guiding theory about justice type and path of innovation, thus indicates the necessity of introducing Dama(?)ka’s typology of justice. In addition, it rectifies some misunderstanding about Dama(?)ka’s typology of justice.Chapter 2: Dama(?)ka’s Sagacity and Research Approach of His Typology of Justice. It tries to introduce Dama(?)ka’s typology of justice roundly and accurately from his political research approach, ideal type method and analytic framework, etc.Chapter 3: The Proper Aim of Chinese Justice Transformation. It reveals the guiding function of Dama(?)ka’s typology of justice to Chinese justice transformation, boldly pulls Damaska from the curtain of value judgment to the stage, and demonstrates why the proper aim of Chinese justice is Conflict-Solving Type Justice.Chapter 4: The Status Quo and Prospect of Chinese Justice Transformation. It reveals that Chinese traditional justice is deeply covered with the color of Policy-Implementing, and analyzes its reasons. Then, it indicates that Chinese official justice idea and practice are transforming to Conflict-Solving Type. At last, it views the prospect of Chinese justice transformation to Conflict-Solving Type and gives some advice.Chapter 5: Transform Chinese Justice to Conflict-Solving Type Mainly by Way of Law Transplant. Firstly, it demonstrates why we must transform Chinese justice to Conflict-Solving Type mainly by way of law transplant from the perspectives of path-dependence, native law resources, internationalization, feasibility, etc. Secondly, it points out that the law transplanted from Overseas should adapt to domestic political situation, and also we should improve domestic political systems for better law transplant.

Jurisprudence Research of Chinese Justice Transformation

Abstract

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