To Realize Law Through Justice

If the law wants to achieve the value of equality and justice, it must bepractically realized in reality. The various kinds of the realization of law affected bymany factors, which we should take it seriously and cautiously;also this realizationdemands an timely social conflict-resolving and getting rid of the negative factors inthis process. Justice has more advantages than Alternative Dispute Resolution, whichnot only restores to violated rights effectively, but also promotes the growth andperfection of law. Its important value is to resolve social disputes, to reconstruct legalorder, to realize legal value through resolving individual case. To achieve all theseobjectives needs to make still greater demands on judges, which makes them play anunique role in Legal Community.The reason of hard cases appeared depends on uncertainty of law, which is along-disputed topic in academe. Jurists of the world have written out prescriptions torescue law from uncertainty, which has played an important guiding role for judges toresolve hard cases. Judges have a responsibility to resolve social conflicts and protectthe society operating in an orderly way. Resolving hard cases is of greatsignificance.The development of law must adapt to the social changes, and have an activeimpact on the historical course of social civilization. Law is a positive method toguide and construct the future social activities and structures. Law must control thosefactors which do no good to the development of social civilization through its uniquefunction, and nurture all kinds of beneficial factors which adapt to social development.All these will propel the course of economic mechanism reform forward and deepenpolitical mechanism reform. But the law always lags and also has flaws, so it needsjustice to mediate and get rid of the old to make way for the new. An appropriateactive justice retrained effectively by the system is indispensable and urgent for thesociety of China which is in a social transformation.