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Contemporary Judicial Idea and Judge System

Author: LiHao
Tutor: MaXinFu
School: Jilin University
Course: Legal
Keywords: Modern Judicial Idea Judge Judge System
CLC: D926
Type: Master's thesis
Year: 2005
Downloads: 347
Quote: 3
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Abstract

Contemporary judicial idea is based on judicial activitiesand contemporary judge system of modern society. At same time,contemporary judicial idea has anti-effect to its base.The first chapter mainly elaborates meaning of contemporaryjudicial idea. “Idea”has the same meaning as conception inobjective philosophy. quoted idea as independent, everlasting,non-material entity which was the root of the real world. Hethought everything in the real world was the copy of idea and onlythe thing about idea was single and perfect. In Germany classicphilosophy idea was defined as conception; in intellect sphere,which came from knowledge and surpassed experience, whichwas self-controlled truth-----absolute unity of conception andobjectivity.“Administration of justice”is a special action inwhich the state judicial office and its officers apply law to dealwith various suits according to statutory authority and statutoryprocedure, meanwhile, it’s also a main power to maintain societyorder and develop a spirit of fairness and justice. “Thecontemporary age”refers to a period or era which closely followsMiddle Ages in terms of history. However, the understanding of itsmeaning can’t chronically be limited to the history periodfollowing industrial revolution of capitalist class, but becharacterized by absorption of science and ration involved in thecontemporary concept, which is more important. Therefore, as acombination of the above three concepts, contemporary judicialidea is gradually developing a new organ and is given a new lifeduring language use. Under a specific language environment, itpresents a series cultural and scientific conception containing ideaand belief which is created during people’s acquaintance withjudicial action. It is an ideology and spiritual guide that dominatespeople’s thinking and acting in judicial process. Because ofcontemporary judicial importance in modern society and its richcontaining, we can’t completely consider it as conception. If weupgrade some related content to idea level, it will help us toinvestigate and evaluate question in all-clusive visual angle, that isfrom dynamic state to static state, from recessiveness todominance, from practice to spirit, so we can mastercontemporary judicial spiritual essence and exact connotation.Compared with other common judicial conception,contemporary judicial idea (CJI) is basic, advanced, relativelyindependent and supreme. The basis of CJI is closely related tomodern society’s fundamental features. “Contemporary”is CJI’ssocial background; ”Judicial”stipulate the quality of CJI.Therefore, from macroscopic point, market economy is theeconomic basis of CJI; human rights is the core of CJI; legality isthe spirit of CJI.Whether under the form of state political power of separationof legislative, executive and judicial powers or under the systemof People’s Congress like former Soviet Union and our country,judicial action is the important part of state affairs. Because ofdifferent history, culture, race, custom, social surroundings,judicial action plays different role and has different operation indifferent countries. Meanwhile, as each other’s member, judicialaction and society influence each other. In different countries, thisaction and reaction are also different. However, it is an undoubtedfact that judicial action is regulated in quality and the nature ofjudicial powers derives from the right of constitution’s neutraljudge on society.It has been widely accepted that judicial powers are made upof neutrality, judge, authority and procedure, etc. The core of thesefeatures are judge and neutrality. In addition, in order to ensurejudicial behaviour’s implement, independence, procedure, passive,profession and transcendence etc, are also needed. Authority andconclusion are judicial powers’terminal feature. On the basis ofgood law, judicial action benign operation is a great push toChinese democratic politics development, democratic developmentand social modernization. In contemporary legal society, judicialfinal authority decides legal society’s order. Because of judicialrole as social justice’s last defense, judicial conclusion decide onits authority. Contemporary judicial neutral, relatively detachedsocial role decides the public belief in its control over result;contemporary judicial limitation and judge on other power’snormal operation. At the same time, in its self operation, it’s verycritical to develop, mould and establish profession organizationand the mass’CJI. According to the analysis of the essence ofcontemporary judicial powers and contemporary judicial features,CJI’s fundamental connotation is composed of judicial neutrality,judicial justice and efficiency, judicial independence, judicialprocedure, judicial profession, judicial authority idea etc.The second chapter mainly elaborates founding contemporaryjudge system according to contemporary judicial idea . Recently,with the development of social market economy and the reform ofsocial political and economic structure as well as the advance andimplement of ruling country by law, judicial control over societyand judicial relief to rights are increasingly highlighted; people’scall for judicial justice and efficiency is increasingly urgent, so ispeople’s standards for Chinese judicial offices and judicial officers.All these promote the development of judicial reform which placethe reform of law court and judge system on emphasis and try toadapt to the judicial operation rule. Around judicial reform,theorists had heater discussion, while executives persisted inreform constantly. With the convening of the 16 th Party’sCongress in late 2002 and the publishing of《5 years’reformoutline of people’s law court 》written by supreme people’s law

Contemporary Judicial Idea and Judge System

Abstract

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