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On The Course Of Justice The Way

Posted on:2005-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:C S HuFull Text:PDF
GTID:2206360155974807Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
This thesis mainly discusses the problem of the path to realize judicial fair. The fairness is the innate request of the judicial character, is also its target of constant value.Judicatory fair is a widespread and existent problem that exists all over the world for a long time. In the past one hundred years, the international community is positive to promote the judicatory reformation to realize the judicatory fair;Judicatory fair, is in the last few years our country method educational circles and social the public also one of the focuses that the law field in our country and all the people have been concerning. To pursue and realize the judicial fair in the judicial activities is the request of time;The judicial fair is the important part of the social fair system;The judicatory fair is the basical root on which judicatory wins the public's trust ,and it is the inevitable request to increase judicial efficiency ;To indicate the fair in judicial activities is also the request to establish the judicial system. Though the judiciary of the our country is "China characteristic"it faces even more serious situation in the aspect of judicially unjust, the judicial system of the our country faces the unprecedented challenge.There exists all kind of obstacle to prevent the judicial fair realizing,and there are many interference factor from outside the judicial condition at present make everybody shocked, the court management system is not scientific, the character of judge is not good, the way to judge is falling behind.The right of courts and people concerned is unbalanced, the process management of judging and inspective system is not perfect etc. judicatory have been already driven out of the alienation in many fields,and the judicial fair is still far away from us.To realizes the real judicatory fair,we should enhance the establishment of law culture, the development of law culture is an important pillar to realize judicial fair.Behind any great business there exsits a kind of strength of spirit,most important thing is that the strength of spirit has a close root with the background of the business. To realize the judicatory fair,we must enhance law culture development at first,forming a kind of atmosphere at laws exist and should be obeyed in the society. System development is the core link to realize judicial fair, judicatory independence is the first definite premise,to realize judicatory fair the judicial candor could not get really realized in current China, deeper and social reason is that in current China there is no really judicatory independence, in any law ruling nations or any nation to pursue the law ruling,it is impossible to realize the judicatory fair without judicatory independence. China must and should lead into the judicial independent operation mechanism physically, and in the late judicatory reform,we should still further enhance judicatory independence of China characteristic;Procedure fair is the logic point of departure of judicial fair, realizing judicial fair demands the idea of procedure basis, the judicial system design should insure the judicial process fair.Judge's character is the basis guarantee to realize judicatory fair, judge's character is directly related to the judicatory fair,we should completely improve the judge's character from all aspech,such as character, reasonableness, knowledge and experience etc. The fair judicatory need to be proceeded to the judicatory inspection, to inspect judicatory should follow the judicial regulation and inspect regulation, must insist the principle of science, manage many agreeable heavy relations, set up a new judicial inspective system of our country.This thesis discussed the problem of the path to realize the judicial fair, absorb the domestic and international studies concerning judicial fair, face the problems that existed in our judicatory practice, tried hard scientifically and systematically to announce to the public the path and methodto realize judicial fair, aimed at providing the leading theories for current legal system development and judicatory reformation of our country, which is the honour and sacred mission of the colleague in the law field and me.
Keywords/Search Tags:The path and method to realize judicial fair, Judicatory independence, Procedure basis, Judge's character, Inspect judicatory
PDF Full Text Request
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