The Jurisprudent Construction Of The Objective Model Of Judicial Process In Contemporary China

The essence of judicature, located in the neutral and independent realm between the nation and the society, is to realize the value and play the function of protection of human rights approach of justice safeguard of law prestigious judgment rational policy solution of contradiction formation of regulation. From the perspective of jurisprudence, the judicial power is the prestigious power of judgment balancing the national public power and the social right and also the supporting strength of the social unity, whose enforcement must be in accordance with the objective model of equilibrium. From the aspect of reality, the imbalance development is the fundamental circumstances of contemporary China, so, the enforcement of judicial power has to aim at the equilibrium of Chinese overall development. In order to realize the objective model of the equilibrium enforcement of judicial power, three key points must be emphasized: the structural setup of judicial power, the connection of the inner units of judicial power, the cultivation and construction of the rationality of judges.