Communication Of Justice;Inquiries Of The Legitimacy Of Judicial In The Perspective Of Discourse Ethics

In the period of social transformation,China's judicial lurking a variety of legitimacy crisis incentives,so the legitimacy of the judicial status of the consolidation of China's judicial reform has become a fundamental task.In China's judicial practice,often only pay attention to the legitimacy of the form,but ignores the essence of the legitimacy of the moral,resulting in a series of legitimacy problems,such as: the verdict as a dead letter,can not be the actual implementation;Credibility gradually lost,people do not believe in letters and so on social phenomena.Habermas argues that morality is essentially a "dialogue(discussion)relationship between subjects" and that this dialogue refers to the way in which people are negotiated,interpersonal relationships,Maintenance and identification.From the perspective of legitimacy,it can be found that the referees who have been negotiated and fully demonstrated are not just pursuing the judicial social effect,but also a legal obligation deduced by the principle of judging by law.Judge to achieve the obligation to demonstrate embodied in the judgment of the axiom,the verdict is the judicial reform of the most controversial and the most feasible one.In the process of judicial reform in China,both the professional approach and the democratization of the road are pursuing the independence of the judiciary in order to achieve the basic social function of justice.The introduction of communication into China's judicial practice,each discourse subject through equality,no mandatorycourt debate to achieve discourse consensus,increase the parties to the verdict of identity,so that the social effects and legal effects of organic unity.On the basis of analyzing and summarizing the contemporary social,political and judicial situation of our country,based on the analysis of Habermas' s theory of discussion,on the basis of analyzing the rationality of communication,this paper puts forward the communication about the existing problems of judicial legitimacy in our country.The subject of justice and its discussion.The communication of justice provides our country with a new judicial legalization perspective,and provides an effective solution for dealing with judicial and public opinion problems.