Of justice

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					Of justice
[Abstract]: justice for 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 targets,
but to achieve this noble goal of justice is a complex and difficult to explore process,
for this reason that justice has been the focus of discussion. Values and legal norms in
the value of people's real-life pursuit is to evaluate the fairness of the basic
standards of justice, but described the reality of isolation and profound understanding
of justice difficult to obtain. This in-depth discussion of justice to questions of justice
and the judicial power from the start, more justice and the relationship between justice,
should have obtained the basic requirements of justice, and how to safeguard the
justice system to achieve forward his own views.
?First, the meaning of justice
   Justice has become the legal profession, national and social issues of common
concern. Discussion of justice, we must first clear the meaning of justice. Justice, also
known as fair administration of justice, based on judicial activities, and activities in
the judicial process and results, embodied uphold and embody the principles of social
equity and justice. Discussed in isolation, however, difficult to obtain a deep
understanding of justice. For in-depth discussion of justice, we must analyze the
judiciary and judicial power and judicial justice and the relationship of justice to start
to grasp the meaning of justice.
(A) judicial and judicial power
Justice is an old and traditional state functions, is the national law in the most basic
form of life. Only in ancient times, does not yet exist in the modern sense of the
judiciary (courts) and the judges, nor the concept of an independent judicial power.
General and administrative unity of the judicial system, especially in China, this
system lasted very long. Stage of social development must, people finally discovered
"by the officials determined to settle disputes in accordance with the
formal specification is convenient. Hence, judges, who's is to, one kind of
Zheng Ming specification is correct, and more fundamental way is to meet social
needs way to resolve the dispute "[①]. As a result, Justice has become the
specialized agencies by the State full-time staff trial activities carried out until after
the victory of the bourgeois revolution, the establishment of principles as the
separation of powers, the judiciary became an independent state machine system.
   Judicial power is exercised through proceedings in the court the power. The
principle of sovereignty, the judicial power is relative to the executive power and the
independent exercise of jurisdiction by the court. A broader sense, the judicial power,
including the administration of justice into account. In different countries or different
times, people have jurisdiction over the limited understanding and there are also
different. Some civil law countries, a long time the judicial power is limited to
activities of civil and criminal trials, prohibits the administration of justice into the
administration area. In Britain, civil law and administrative law as the difference
between the non-system, so the trial of administrative cases, certainly including
within the judicial power. [②] as the theory of separation of powers and constraints
established in Western countries, further strengthening the judicial power of the trend.
Although China did not copy the Western system of separation of powers, but do not
deny the importance of power constraints. Particularly in view of executive power has
a strong permeability, expansive, it must establish a strict control mechanism, China is
achieved through administrative proceedings and judicial constraints on executive
power. Strengthen the judicial power must be premised on judicial independence, and
independence of the judiciary is the modernization of justice and judicial protection.
   (B) Justice and the relationship between justice
Justice is often also known as justice. Indeed, this is not the equal of the two concepts.
Justice is the pursuit of judicial activity has the values, its specific meaning is: the law
through judicial activities identified to achieve social justice; the same time the whole
process of judicial activity reflects the value of justice. So the course of justice and
justice can not confuse the two concepts. First, review the requirements of justice and
judicial activities targeted at the judiciary, the legislature generally does not include
the legislative activities and requirements and evaluate existing judicial system, even
though they have important bearing on justice. Second, compared with justice, justice
is more stressed the legitimacy