Factors Influencing the course of justice, Ways

Abstracts:
Justice is an important part of the rule of Law is the Law in social Justice and moral Justice, the realization of real life is a trial must adhere to basic principles. The so-called Justice is the case a fair hearing and the referee make the right means that the legitimate interests of parties should be on equal protection, social Justice and justice has been achieved. It includes the substantive justice and procedural fairness aspects. broad justice refers to the police, courts, judiciary and other checks Institute judicial activities are consistent with the provisions of the Constitution and Laws, strict and impartial Law enforcement. narrow sense refers only to the people's court of justice in the conduct of all trial activities in line with legal norms and ethics requirements. People's Court is the last line of defense of justice, which asking the court during the trial, not only to follow the principle of equal and legitimate, but also requires a fair outcome of the trial court, the spirit of fairness and justice. unjust judges of the judicial system would undermine the public's expectations and the enthusiasm of judicial appeal, thereby aggravating the disorder and chaos, affecting social stability, and impartial administration of justice, national Law will increase the awareness of Tianjin, the court, judges of the trust and expectations, and eliminate people's doubts about the fairness of trials and judgments of the conflict on the psychological, to use legal means to protect their legitimate rights and interests, but also help establish a judicial authority.

The full text is 6958 words.


With the establishment of a socialist country ruled by law and building a socialist harmonious society proposed by the mission era, the people of justice and justice has become the focus of workers, one of universal concern. In recent years, China's rapid economic development, social change with each passing day, the law adjusted area level are also expanding the people's rights awareness, growing awareness of the rule of law, all sectors of society more than ever, looking forward to justice. justice is the law their own requirements, but also the requirements of the rule of law is judicial activities in the process and results in a fair, equitable, just, justice, the spirit of human society in the process towards the rule of law to use legal means to resolve the various disputes and the pursuit of an eternal value target.

First, the meaning of justice
Of justice or fair administration of justice, its basic meaning is to the judicial process and results of activities adhere to and embody the principles of fairness and justice. Here, the judicial activities of the main activities that the trial court. Just encompasses fairness, equality, due , justice and so on. the course of justice to demand the trial to follow the principle of equal and legitimate, but also requested the trial results reflect the spirit of fairness and justice, but also asked to participate in the trial judge's attitude to the integrity to respect the facts and abide by the law as the criterion, the results of efforts to achieve justice case processing. I believe that the meaning of justice include the following:
(A constitution and the supremacy of law. The primary content of justice is to require that all judicial activities, judicial actions are consistent with the Constitution and the law. In the Constitution and the law is the will of the party's ideas and the unity of the people is the party's line, principles, specific policies, articles of cultural and legal, with supreme authority. all parties, institutions, organizations and individuals are bound by law to be in the range of activities permitted by law, can not exceed its external, can not override it on.

(B equal treatment. Equal treatment that the principle of equality before the law is the implementation of and compliance with law, maintain the basic premise of legal authority is to achieve the most basic requirement of justice. If justice is the cornerstone of the socialist rule of law, equality treatment is the way to achieve fairness and justice. No equal treatment has become the talk of justice. To be truly equal treatment, we must prohibit discrimination against the privileged, do not allow discrimination against vulnerable groups, not allow anyone to have precedence over above the Constitution and laws "extra privilege."
(C independence of the judiciary. Judicial independence is an important principle of modern law, is to measure an important indicator of the rule of law. To achieve full social equity and justice, to achieve justice, the people's court must exercise judicial power independently according to law, this is justice the right to run the rule summary. If you can not exercise judicial power independently according to law, administrative organs, social organizations and individuals to arbitrary interference with the judiciary, justice to speak of, and the whole society will be difficult to achieve fairness and justice. so that the independent judicial power, is a prerequisite for achieving justice, it is the ultimate guarantor of social equity and justice.

(D strict law enforcement. Strict law enforcement is strictly in accordance with the substantive and procedural law in handling cases, without the interference of external factors. Impartial judiciary is to effectively change the entity re-light program ideas, adhere to the entity, program ideas equal emphasis and focus in the way of law enforcement , methods, steps, sequence and time limits to achieve law enforcement, justice.

(E judicial neutrality. Judicial neutrality is divided into three levels: the right of judicial neutrality, neutrality of Justice, judges remain neutral. Justice was the center referee of power. Judicial neutrality, only center referee, should not take sides, officials and people should be remain neutral between the judicial and administrative powers should remain neutral in the judicial activities, the trial court and the judge must remain neutral manner, without other factors, exclusion is not conducive to accurate, impartial judge of factors, the law shall prevail strictly according to law. the independence of judicial power is the power, on top of the only law.

(Vi timely and efficient. Fairness and efficiency of the judicial activities of the two interdependent aspects: the efficiency of justice can not be separated, since just late due to possible loss of the meaning of justice, while leaving the efficiency of justice is blind and efficiency of this the consequences of the efficiency is harmful to the society. "non fair and just late," saying the law appropriate for judicial efficiency demonstrated the importance of achieving justice.

Second, the constituent elements of justice
Elements of justice, including substantive justice and procedural fairness.

The so-called substantive justice, is the course of a hearing in the case of the case accurately identify and correct application of substantive law. Substantial justice standard is the real discovery of the facts and correct application of the law, it is the result of justice, the judicial activities the ultimate goal.

The so-called procedural justice, refers to all aspects of processing of cases in strict accordance with the provisions of trial proceedings to ensure the rights of parties to the litigation can be effectively achieved. Procedural justice embodied democracy, rule of law, human rights and the spirit of equality is justice important part of justice.

Substantive justice and procedural justice relationship between the two are complementary. Substantive justice and procedural fairness are two inseparable aspects of justice. If there is no substantive justice, even if procedural fairness, justice out of the question, if no program justice, will not achieve substantial justice, justice as impossible. substantive justice is the pursuit of the important value of procedural justice is the end result of the pursuit of judicial activities, procedural justice is to achieve substantive justice measures and safeguards, there is no due process would be difficult to protection of substantive justice.

In China, the past emphasis on substantive justice, procedural justice ignored. Over the years, a marked improvement in this state, the pursuit of judicial proceedings more fair and just and unified entity. However, at this stage has emerged another trend that weight does not re-entity. Why is there such a tendency it? intrinsic motivation is to avoid responsibility. because injustice is bound to be supervised procedures and accountability, with the entity's fair or not, subject to a variety of factors, find it difficult to judge, even if the entity injustice, as long as due process is also easy to avoid responsibility. This tendency is undesirable. procedural fairness and substantive fairness of justice are indispensable content, each has an independent value. procedural justice is the precondition, program is likely to result in physical unfair injustice. But substantive justice is the goal of judicial activities. particularly prominent in the current social conflicts, many poor people help themselves weak case, too much emphasis on procedural justice, substantive justice to ignore impossible to maintain social fairness and justice, there is likely to exacerbate social inequity situation is not conducive to social harmony and stability. Therefore we must adhere to both procedural justice and substantive justice.

Third, the factors that influence the course of justice
People's Court is the last line of defense of justice, in the prominent contradictions, conflict mapping and the court of public opinion has been the focus of attention. Resulting decrease judicial authority, public confidence in the people's court declined miscarriage of justice is one of the main reasons. Of justice there are a variety of reasons and factors. Specifically, the main factors affect the course of justice in the following areas:
(A place of court management and administrative, judicial independence can not be truly
Independence of the judiciary in many countries an important judicial principles and spirit of the Constitution. It comes from Western countries, "separation of powers." Though not in our implementation of "separation of powers" system, but absorbed in the judicial activities of the principle of judicial independence Some spirit. Our Constitution provides that: "people's courts exercise judicial power independently in accordance with the law by administrative organs, social organizations and private interference." <<People's Court Organization Law "> provides that people's courts exercise judicial power independently in accordance with the law by administrative organs, social organizations and individuals to interfere. It can be seen, China's judicial power, judicial authority in the country run under the supervision of the West is not only independent of the administration of justice, but also independent of the legislation.

In fact, in our country, people's courts and personnel management and party and government organs and their staff are managed by a model, which makes it difficult to implement the independent exercise of jurisdiction. The place of court management and administrative, the court can not specifically Division trial, which will inevitably lead to unfair trials. First of all the major sources of funding for the Court is the local financial sector, but a considerable number of regional and local governments for various reasons can not allocate funds in full and on time, resulting in the Court's judicial activities be affected, can not even start normal operations. Second, because in the economy, dependent on and subject to local personnel, the Court has become an arm of local government. Every year, the court must complete all assigned local government non-operational work, year-round Government staff are also many drawn. This time not only to judges handling the case can not be guaranteed, but also occupied the limited funding for casework. the one hand, fewer judicial officers, trial heavy task, on the other hand, there are a large number of judges real trial is not engaged in the business, the formation of a judge "kind of the government, the shortage of his own field" situation.

(B court organization and the organizational setting is not reasonable trial court
Within the Court's trial management from the point of view, but also the administration with a strong color, a long time, the "layers of approval, Cengcengbaguan" trial management, trial and sentenced to separation. In our system and to the Judicial Committee collegiate system , formed by the collegiate system is a decision made on behalf of the court, has nothing to do with the individual judges, the judge can not reflect the individual's responsibility. collegial panel even if there are different views on the dispute was submitted to the Judicial Committee as a hard case to be resolved. "trial Committee's decision, the collegial panel should be implemented. "This led to the full court hear the parties presented their views on the case did not judge the right decision, while the right decision not to participate in court proceedings, the judge's personal capacity and role is being undermined. must adhere to the courts exercise judicial power independently, this independence means not only free from external interference, but also should mean not the internal interference. When a judge's position on the decision and implementation of open trial, may lead to the impartiality of judges only pursuit. decisiveness were placed in the open, will become strong and effective supervision, responsible for their own personality psychology will be more intense. look at the relationship from the lower court, the People's Court is a superior-subordinate relationship between supervision and being supervised. But the fact , the lower courts and public security organs are often, as the prosecution, the problem will take the initiative to consult with their superiors, will take the initiative to a higher court against the lower court trial activities specific guidance. All these will bring the judicial power, distorting, distortion, resulting in The deviation from neutrality, the ultimate nature of the essential requirements, thus losing its due impartiality and authority.

(Quality level of the three judges are the determinants of justice
The quality of judges, including political quality, professional quality aspects, specifically in the judge's "morality, ability, diligence, and achievements," a comprehensive evaluation of four aspects, the judiciary only has good political quality and excellent business qualities, to impartial administration of justice, both must have, can be neglected. Some of the judges despite a higher morality, but not perfect level of operations, the results still can not guarantee a fair trial. there are a few judges although the high level business, professional morality is not strong, strict requirements on their own, to do "human text", "the relationship between text," and even favoritism, capricious and arbitrary, engage in money, undermines justice, despite the small number of such cases, but severely damaged the Judge image, seriously affected the reputation of the people's court, which is the main reason for denial of justice and specific performance.

On the other hand, with the social and economic development and reform and opening up, the number and difficulty of court cases with judges increasing the severe shortage of human resources, conflicts between the more and more prominent, and some judges neglect of learning, do not focus on understanding and acceptance of advanced culture and judicial philosophy, by old experience, the old method of handling cases; some judges narrow the space of thinking, working method is simple, it is difficult to cope with complex cases; there exists a certain extent, the judge focused on criminal civil light and heavy physical light procedures light weight implementation of the trial the idea. these ideas affect the certain procedural justice substantive justice and procedural fairness.

Third, the way to achieve justice
Wang Shengjun newly appointed Supreme Court said in the interview with this reporter, at present, China is in the social transformation, social differentiation and integration procedures will cause some changes in the pattern of interests. How to improve the ability to maintain social fairness and justice, how to adapt to people's increasing demands of justice, judicial organs at all levels must be addressed is a good question.

(I keep to the socialist concept of rule of law, education, judicial activities with the guidance of scientific concept
Carry out the socialist concept of rule of law, education, and establish the socialist concept of law is to further improve the judicial philosophy, standardize judicial practices, the need to promote justice, strengthen the judicial ranks of the new era revolutionary, professional, an important measure of regularization, harmonious socialist society is to adapt to the new focal point, is the crack difficulties exist in the work of justice, the key hot spots, is to deepen the "interest of justice, as one people" concept embodied.

The socialist concept of rule of law, the authority of law, and fully safeguard social fairness and justice. In the judicial activities and consciously safeguard the interests of the party and state interests of the people, the dignity of the judiciary to uphold the law and the highest standards of social justice, dedication to work, fair administration of justice, uphold the authority of the Constitution and laws, is a concrete manifestation of judicial functions. To firmly establish the concept of justice for the people, the right to use legal weapons, strictly just and civilized law enforcement, the judicial authority of the judiciary to win public trust. To firmly establish the right legal responsibility, the idea of ​​consciously accept supervision, to conduct judicial activities and perform their duties effectively placed under the supervision of an impartial judicial activities to achieve social fairness and justice. for body found in some judges abuse, favoritism, heavy physical light program, light weight management services, ignoring the people's interests, cold, horizontal, hard, pushing other issues to be the rule of law through the concept of socialist education, the majority of police officers to firmly establish the Division for the people, protect human rights, the idea of ​​serving the overall situation, both physical and procedural , so the concept of legality. fundamentally solve the serve, for whom law enforcement, how law enforcement, law, law enforcement, usage problems, building a socialist harmonious society will be
(B enhance judicial transparency, justice and promote judicial public
"Sunshine trial" is to prevent judicial corruption and promoting a panacea for justice. Must adhere to the law of public adjudication, be open hearings, public evidence, cross examination, pronounced the verdict. Shall be placed in the judicial process and links the supervision of society and the masses under the protection of the masses of the right to know and supervise the administration of justice. the administration of justice according to law, timely, comprehensive public, the most direct benefit is to shorten the distance between the judicial and the masses, the exercise of supervision to facilitate the people to realize the right to know, On the other hand improve the quality and efficiency of justice, against the improper interference, to ensure that the judicial activities of the independence, impartiality, and increase the transparency of judicial work. British judge Lord Denning once said: "Justice must not only achieve , but also to achieve a visible manner, "revealed the judicial transparency is indispensable. reposted elsewhere in the Research Papers Download http://www.hi138.com the current judicial practice, can often see such a kinds of phenomena: the trial court had the case, finds that the facts are clear evidence, the applicable law accurately, but the party is not recognized. only so will cause this situation, a large extent because of the transparency of court cases is not high, parties to the case investigators do not understand the situation. open trial is an important guarantee for a fair verdict, and only adhere to an open, transparent, and to let the party win the upright, plainly defeat, victory or defeat are really serving. Judge ad litem, on behalf of the state law, people will, in addition to the provisions of the law is not clear the contents of the public, should be to the public. This is not only convenient for the public supervision of the judge's words and deeds, but to the public on legal education, promote the rule of law, a good form, is to build a just and efficient and authoritative socialist judiciary system needs.

(C implementation of the Court of the vertical management system, to promote judicial independence, judicial impartiality
A modern nation's judicial system management mode is the judicial power outside the executive power independent of the Government, not subject to any administrative organ, which is the fundamental symbol of the rule of law. From the modern rule of law point of view, the relationship between judicial and executive power can only is the relationship between the parallel and side by side, rather than the relationship between management and managed. Therefore, the current court management system is the spirit of the legislation unconstitutional, should reform and improve. in accordance with the combination of administration and management of people, is conducive to the optimization of the judges elected and improve the quality of judges of the objective, the court system should implement the vertical management system, that is, mainly from the local party administration, management, supplemented by a higher court management system, management of the main changes to a higher court, supplemented by local party committees to assist management new system.

On the other hand, highlight the independence of trial judges in the position and role, can overcome the principle of independent adjudication for lack of a direct handling of the main drawbacks and is difficult to achieve, and within the Court put an end to those "without the sub-trial and sentenced without trial" so contrary to trial law practice of the principle of independent trials, a trial judge to make a real case, the decision nature of the case directly to judge right from wrong, thus contributing to the pursuit of the legal value of the judge to raise the level of justice and fair administration of justice. The principle of independent adjudication can resist any organs, social groups and individuals to exercise judicial power independently according to the court to intervene to ensure the Court in accordance with both substantive and procedural law, the right facts, the applicable law. At the same time, the principle of the independence of the trial court also did not make out party, the NPC leadership and supervision of the Court. because the main party leaders on the court and should be the political leadership, guidance of the concept, the NPC and the Standing Committee, the court can by appointment, removal and misjudgments pursue other means to impose a legal oversight. become clear since the judge independent of the main body of the trial to the judge's powers, responsibilities and consistent performance is conducive to the NPC and the Standing Committee miscarriage accountability system, thereby contributing to strictly enforce the law judge. In short, the independence of judges is independent of the implementation and protection of the court, the judge is not an independent court can not be independent. Judges are independent of the sign is equal status of judges, judges in the exercise of jurisdiction, the highest authority of law, without regard to the so-called "higher purpose."
(D strengthen the ranks of judges, judicial capacity to improve justice
The vitality of the administration of justice is justice. Judge's professional characteristics of the decision of the judge's quality is the foundation of justice, judges are highly qualified pilot of justice. Without high-quality team of judges, there would be no rule of law formation.

First, we must strengthen the political learning, be politically determined. We must firmly establish the correct guidelines in handling cases, a firm and correct political orientation, must give full play to their role, establish the overall situation. Second, the need to strengthen the business to learn, to achieve operational proficiency. Now the party petition, wrapped complaints, disturbances and other events, go into it for many reasons, but part is due to the professional quality of judges is not high, caused by the low level of business. Therefore judges must learn the laws and regulations, including Supreme Court judicial interpretation. in addition, supplemented by theoretical discussions, case studies, demonstration and other forms of trial, vigorously improve their professional quality. Third, the judge must improve their work style, set a good image. Specifically, Improved style of thinking is to "emancipate the mind, seek truth from facts", improve leadership style is to "right of the people, love the people, benefits for the people" to improve the work style is to "dedication, solid work, diligent and honest, "is to improve the life style of" modest and prudent, hard work, keep making progress "to improve the style of study is to" integrate theory with practice. "
(E improve the people's jury system, and promote the courts of justice.

The jury system is a proven effective system has important significance of the rule of law, so we should not only insist on the, but also their specific problems in the implementation process serious consideration, and constantly improve, to do to avoid weaknesses. First of all, should develop a special <<people's jurors Law ">, will jury work into the legal system, refinement of its relevant provisions, to enhance its maneuverability, and secondly, to establish a sound assessment and incentive and control mechanism, to create a support dynamic contingent of people's jurors, third, to strengthen professional training and improve the ability of the jury. People's Jury System, "learn some features of the arbitration system, is involved in a case given the right to select the jury, no doubt contribute to a more just to protect the legitimate rights and interests. "The system allows ordinary people to participate in the trial by the way, so that they can with their own sense of simple good and evil, right and wrong to judge the case to expand democracy, the judiciary, the judicial supervision of judicial activities underlines the course of justice, making the law applicable to a more sensible, reasonable and legal.

(F strengthen supervision mechanisms to promote the realization of judicial justice
To protect the right to exercise judicial power, timely and effective corrective judicial injustice, the need to strengthen the court's internal supervision and external supervision. To strengthen supervision, the courage to supervision, good supervision, supervision according to law. In the supervision process, to trace the source of demand , thorough investigation of the corruption behind the problems of judicial injustice, and earnestly safeguard the legitimate rights and interests. Furthermore, should continue to standardize and improve the existing party supervision, discipline inspection commission of the disciplinary supervision, democratic supervision and the media, public opinion and other means of external oversight. In particular, Congress should strengthen the current of judicial supervision of the work. This is the Constitution and the law, a power of the NPC, is a function of the NPC. It should be the work of the NPC's oversight body of judicial supervision, monitoring procedures, such as to further clarify the effectiveness of supervision, institutionalized procedures. of judicial supervision of the work, in addition to monitoring the fairness of ruling, but also should focus on monitoring the fairness of the judicial process. power to lack of supervision, it will breed corruption.





Notes:
1, Wang Shengjun: <<to see a way to ensure judicial fairness>>, on March 20, 2008 accept "<People's Court News>> Press interview the arguments put forward
2, Tom-dimensional construction of the: <<On the protection of justice mechanisms and reform (a> ", in http://www.civillaw.com.cn/article/default, on April 26, 2008 visit,
3, Chen Jie al: <"Let the people play a role in the jury system truly>", in Nanfang Daily, February 18, 2005,
4, Ma Liping's book: <<create a harmonious society of justice for> ", in the reform and opening up, No. 8, 2007, p. 18. Links http://www.hi138.com Research Papers Download