In The Context Of Harmonious Justice Of Exercise

After entering the 21st century, the Chinese communist party and the third plenary session of the 16th, the fourth plenary session, the sixth plenary session, from the comprehensive construction well-off society and create the cause of socialism with Chinese characteristics new situation of the overall situation, explicitly proposed to construct a socialist harmonious society, and the strategic task by the central committee of the CCP about to construct a socialist harmonious society on major issues. But the harmonious socialist society is not without conflicts and social, but a properly handle the contradictions and conflicts of social governance mechanism of society. As the mechanism, the people's court, in an important part of harmonious socialist society plays an irreplaceable role. In order to better implement the conference spirit, for the construction of a socialist harmonious society, the supreme people's court, the service, xiao Yang, in seventh national civil trial meeting for the first time put forward the concept of harmonious justice.In the context of harmonious justice, because of the connotation of harmonious justice people, value orientation and evaluation standard, the property of the theoretical knowledge exist, many differences of "harmony" judicial court on harmonious justice advocation of value orientation, judicial function orientation and evaluation standards of various appeared deviation. Based on the error of the one-sided understanding and court, there many disharmonious factors, in order to pursue the brief, local and even with utilitarianism of "harmony", the court shall exercise judicial power independently in place in the trial, especially when the case involving major interest, often with "harmony" as an excuse to deviate from the essential attribute of judicial power, abuse of judgment, have caused a large number of adverse social consequences of a people's court, the influence of the image and harm the judicial authority, make originally not strong in the faith of law in a more embarrassing situation.This is a basic, through certain dilemma two-level intermediate court case analysis, the state in the context of harmonious justice leads to the people's court shall exercise judicial power independently to correct the problem. The author firstly in the harmonious justice to the different understanding the meaning of the harmonious judicial justice and harmony of the feasibility and harmonious justice value orientation and the value of the conflict and harmony as the evaluation standard legal problems. Then combining to lead in the applicable law case and value orientation, interest measure, etc, to further analysis of the harmonious legal context to exercise jurisdiction encountered in the process of the status of the concept of harmony and conflict with other value choice of value, legal and social effect is discussed, and the unity of harmonious legal context in the process of exercise jurisdiction and the analysis of existing problems and puts forward some countermeasures. This paper is mainly through collecting relevant materials, finishing reading relevant policies, material and writings, based on China's basic national conditions and judicial practice, the combination of theoretical knowledge in law, under the guidance of writing tutor. As a legal workers, the author tries to their trial practice harmonious justice and judicial practice to clarify the misunderstanding, harmonious justice for a judge in the dilemma in the case when reasonably, accomplish two evils choose the light, greater fairness and justice, to maintain social stability, protecting the fundamental interests of the people.