Research Of Judicial Participation In Social Governance

Governance is different from management, both fundamental different from thetheoretical and practical significance. The rapid development and transformation ofChinese society brought about the current political, economic and cultural prosperitybut also brings a lot of social problems. The best way to solve these social problemsand contradictions is to update the system of social management, change managementinto governance, solidate the people, to face and solve social problems. Governancetheory is from the West, China can achieve governance theory as the theoreticalbackground from the west, but China and the West, after all, has a different socialenvironment, therefore, to achieve governance in China will certainly not be appliedmechanically foreign theories, we must note and emphasized the particularity ofChinese social environment.In last ten years, domestic scholars have made a lot of ways to achievegovernance, but in my opinion, these are the ways and means that can not get rid ofweakness—over-reliance on government administrative authority. Indeed, thechange of government system and way of thinking is an important part of achievinggovernance, but from the view of the current political environment in China, it lacksof the practical feasibility of such a change. In China’s particular social environment,judicial powers, because of its own neutrality and stability dominance, is moresuitable as a "pioneer"on the realization of governance. Judicial participation in socialmanagement system innovation is the dynamic requirements of judicial philosophy,embodied justice social responsibility, governance need to achieve legal environment.Judicial participation in social governance, can help to train legal thinking and legalawareness of citizens, but also ultimately benefit the building of civic society.In the process of judicial participation in social governance, the role of thejudicial function plays a very important issue, the traditional function of thefunctional theory of justice is defined as "integration" effect. But in the process ofparticipation in social governance, the role of the judiciary must play integrate more fully, which requires the function of the judiciary and functioning the way to re-sort,alternating between input and output integrated system with other systems.Accordingly, in the process of judicial participation in governance, under the premiseof integration, judicial should reach and maintain the inter-functional communicationand connection with goal attainment and latency pattern maintenance.Judicial participation in social governance must rely on the specific system.Constructing a new system and transforming the old system are two possibleapproaches. The author thinks that whether it is from the cost or science transformingthe old system has obvious advantages than constructing the new system, but it alsohave to face the inherent defects of old system which does not meet the governancetheory. In order to avoid the defect of the old system transformation and reconstructold system with new ideas at the same time, The research approach is to find out thedefects of the old system, and then fix the defect of the old system with thegovernance theory. In this paper, the proposed system of justice courts chosen as theresearch object, identify the contents of the proposed system of justice is notstandardized, limited the effectiveness of sending objects and uncertain defect fromthe content, sending object and effect. with the attempt to establish a mechanism ofgovernance theory to solve these issues, and through this process, to explore thepossible ways of judicial to participate in social governance.