The Research On The Basic Theory Of Judicial Policy

Judicial policy is the application of public policy in judicial field, and is a kind of macroeconomic regulation and control means to control the judicial activities by the public authority in a country. It is bom to solve the problem of justice, and to connect the judicial authority with the front judicial field in specific periods. Since the founding of our country, the position of judicial policy has experienced a big change, but today justice is still greatly influenced by policy. The reason is that the political function of the judicial system in our country decided the extension of national policy in the field of justice, and imperfect legal system in our country makes the judicial policy has its necessity of existence. Therefore, someone puts forward to the judicial present situation in our country should be’to the legal and judicial policy as the criterion", rather than merely’taking law as the criterion’, to show the importance of judicial policy in judicial activities. In reality, however, the judicial policy system in our country is disordered, there are problems as ambiguity, lacking of logic, politicalization on it’s statement, which make distortion in the process of passing information unavoidable, and the precise practice unable. Someone even lends the judicial policy’s name against the rule of law concept, misinterprets the law in order to achieve local political purposes. In theory, Chinese scholars mostly discuss on hot judicial policies, rare to do specialized research in judicial policy, so that the theory research of judicial policy in our country is still in its infancy. In addition, due to the weakness of judicial resources in our country, and the insufficient of the judges’ overall ability, the specification of judicial policy is infinite expanded in practice. Therefore, the judicial policy specification needs to be research. Fortunately, the importance of judicial policy theory research gets gradually attention in recent years, few scholars have published the study on its basic theory, makes the judicial policy as an independent object of study present in the theoretical circle. So I avail ourselves of this opportunity, in reference to the methods of scholars in the researching of the hot judicial policies, to investigate the basic theory of judicial policy.By summarizing the features, function, classification of judicial policy issues, this essay analyses the advantages and disadvantages of judicial policy, and put forward my own opinions to the problems in development and implementation of judicial policy. In addition, because the judicial policy theory study has a certain degree of blank, in this paper, in combination with individual judicial policy research, inductive reasoning methods on the basic theories of judicial policy has certain innovative.The first part is literature review of judicial policy’s basic theories research, mainly introduces the present situation and existing problems in the basic theory research of the judicial policy in our country, and the research significance, methods and ideas in this topic. In the second part, on the basic of illustrating the definition statements of judicial policy, through analysis and comparison, to define the concept of judicial policy. The third part sums up the characteristics of judicial policy in our country, at the same time analysis the advantages and disadvantages of judicial policy in it’s characteristic reflection. The fourth part elaborates the function of judicial policy in our country, according to the relationship between politics and the justice in our country, and the function of our judicial system. At the same time, this part analysis the advantages and disadvantages of judicial policy in it’s function reflection.Fifth part summarizes the practice categories of judicial policy, by analyzing the status relations between the concept of judicial policy and the criminal policy, according to the different judicial policies or action in different ways.Sixth part proposes the development direction of judicial policy in our country through reviewing each part above and the judicial practice in our country, and puts forward how to standardizing judicial policy in our country by making scientific pattern, process, standards, etc. This part is the most important one of the full text.