| Along with the social transformation of social management, we are facing a problem of contradictions which is to strengthen and enhance the level of our country’s social management. To improve the social management level in our country comprehensively,we should abide by the view of scientific development view, because the theoretical arguments and practice experience has been proved the guide function of scientific development view. As an important part of social management innovation, Judicial reform and innovation play a important role in dealing with social management, coordinating social interest contradictions, and promoting the level of social management. Therefore, further study of the justice in the social management innovation under the guidance of scientific concept of development is of great significance: one is beneficial to promote the construction of a harmonious society; The second is to promote the judicial organs own construction, strengthen the judicial organs credibility and promote government administration according to law.China’s Judicial innovation goal is to set up efficient, impartial and authoritative socialist judiciary system, it mainly includes three parts: one is to promote greater fairness in the judiciary, exercise judicial power independently; The second is the construction of efficient and authoritative socialist judiciary system; the last is to safeguard people’s legitimate rights and interests and promote social equity and justice The judicial innovation in China has four characteristics: one is the combination of the central judicial departments and local judicial departments; Second, insist to obey the national conditions and the actual and take actively yet prudently line; Third, adhere to the mass line, accept supervision of the people, and take the people’s satisfaction as the criterion for testing innovations; Four is insisting on the principle that the judicial innovation should be pushed in accordance with the law, we can’t break out in the constitution and the rule of law; Five is that we should make a long-term planning combined with a step by step; Six is that we should notice the individual experiment combined with typical promotion. Since the reform and opening-up, our country judicial innovation roughly experienced four stages, include the started- recovery and reconstruction phase(1978-1988);the explore-reform development stage(1989-1998), the developmentsystem phase(1999-2008) and the phase of crucial which focus on advancing stage(2009--). After years of hard exploration and practice of legal construction, we have made outstanding achievements, mainly include: the establishment of judicial value of justice, the sound law and rule system and the perfect working mechanism and system, and so on. Our judicial innovation are facing new opportunities and challenges, opportunities are mainly include the growing public finance; the ongoing administrative reform which can be used to provide judicial innovation; the construction of harmonious society which can supply the judicial innovation power; the team overall quality and the quality of the innovative talents, the increasingly frequent foreign exchange which can enter the judicial innovation experience, and the work of practical experience and lessons learned, etc. At the same time, the judicial innovation in our country also faces more challenges, mainly embodied in five aspects: first, the strategy of governing the country according to law rely more on the judicial innovation; Second, the social contradictions in social transition put forward more requirements in judicial innovation; Third, the imperfect socialist market economy puts forward more requirements in the judicial innovation; Fourth, the growing political reform calls for more judicial innovation; Fifth, continued full foreign exchanges bring more pressure on judicial innovation.Despite the ongoing judicial reform innovation in our country, which perfect our judicial system and its mechanism, but the current judicial innovation in China still are facing some problems, these problems mainly include: first, the innovation idea is out of people-oriented and the unity of the legal purpose; Second, institutional innovation, system, mechanism and evaluation factors are still inadequate; Third, innovative content and effect are still behind the specific requirements of the social management. The reasons of the existence of these problems is relatively complex, but it is at least influenced by six factors, respectively is: judicial innovation value idea had not spread widely; The judicial innovation lacks scientific overall arrangement; the contemporary judicial innovation system construction started relatively late; Weak judicial innovation incentive mechanism; Scarcity in judicial innovation education led to the lack of talent; The judicial innovation theory research is lack. In order to better put forward feasible Suggestions for our country in promoting the innovation in judicial work, this paper examines the Britain and the United States, Japan, Singapore and Chinese Hong Kong’s judicial innovation. According to the above nations（regions） judicial innovation practice, this article put forward its five enlightenments to our country judicial innovation practice, respectively is: value play a guiding role for the judicial innovation, pay attention to the unity of the procedural justice and substantive justice, pay attention to the integrated use of innovative methods and means, to strengthen the construction of security and conditions of the judicial innovation, strengthen the supervision of the judicial innovation work and feedback.Guided by the scientific concept of development, our country judicial innovation in social management should focus on five aspects. First, with “people-oriented”concept to guide the judicial innovation work, including: the maintenance of social justice and strengthen human rights protection, improve the combination of judicial ability and the practice of justice for the people; Second, guided with “comprehensive, harmonious” require judicial innovation work, including the removal of obstacles and improve the specific legal system of the judicial system, strengthen the construction of the judiciary, and optimize the distribution of judicial functions and powers, perfect the judicial code of conduct and simplified the working procedure, expand judicial transparency, and strengthen judicial supervision mechanism, strengthen and improve the system of judicial assistance of judicial democracy; Third, guided by “sustainable” requirements to achieve judicial innovation progress including perfect judicial innovation pilot and experimental system, increase the use of modern technology and new methods, perfect the judicial innovation way of social participation, perfect the judicial innovation way of supervision and evaluation; Fourth, layout from the aspect of "overall consideration" judicial innovation work, including the judicial innovation in promoting the important position of justice, the judicial innovation as an important part of the political and administrative reform, judicial innovation development as a whole and promote the harmonious society building, etc. Finally, this paper summarizes the four trends in judicial innovation in our country under the guidance of scientific development view : first, to maintain social fairness and justice as the primary goal; Second, to strengthen the protection of the rights of citizens as the basic standard; Third, to strength the protection to basic citizen rights as the main component; Fourth, the important characteristics for departments to guide the judicial innovation. |
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