Judicial Power Of "Discipline"

The text researches on the judicial philosophy's change from 1949 to 1956 in New China, which hopes to answer the questions: how justice operates from 1949 to 1956 and why. In academic circles, many scholars have answered the questions in different methods. The text answers the questions in knowledge - power analysis. The justice in China from 1949 to 1956 is shaped by power whose operation is the most important impetus for politicization of justice. Authority of the discourse changes the development path of justice in China. At last, the new features of justice in China are formed. Therefore, the focus of the text is how power to lead the construction and operation of justice.How power to lead the construction and operation of justice has internal relations with people judicial philosophy. People judicial philosophy is a judicial knowledge framework built on the class viewpoint, the mass viewpoint and so on. The framework is produced by power in order to get the right to speak in the field of justice, to exclude and to deny all knowledge of an obstacle to the power. But people judicial philosophy can't fully establish in the field of knowledge. It needs combining with the judicial practice. The communist party's choice and application of knowledge on Mediation and trial make the tightness power–operation web established at the grassroots level. The web not only protects the smooth reproduction of knowledge, but also protects the smooth operation of power and make the construction of justice possible in the leading of power. Power becomes the important factors of the communist party to get and consolidate regime. The conquest of knowledge and power and anti-conquest go beyond the limits of justice in the process of justice. Many non-judicial factors have entered into the field of justice, which causes the justice been deconstructed and reconstructed. The policy has deconstructed the knowledge framework of the justice, and has seized the authority of the discourse in the field of justice. The movement not only breaks the boundaries of the justice—judicial and administrative bodies have blurred boundaries, but also break the boundaries of the judicial function. The justice not only need play a role of referee, but also need play a similar role of investigation, such as the public security organs and the prosecutions. Judicial governance under the control of power is expanding field and function constantly.We can develop more comprehensive cognition on power and justice by analyzing how people'justice constructed and operated. Power is the internal motivation of the politicization and authorization of justice. But power won't inevitably lead to the politicization and authorization of justice. Power plays multidimensional and all-round role in justice. Any factor's change may lead to the change of the model and value of judicial framework. Therefore, the text is to conclude the various factors of power which will cause political justice, to combine the context of power to"discipline"in justice, and to reflect on the relationships between justice and politics.