Acknowledge the true face of the American court's "non -political legal temple"
August 12, 2021 09:29 Source: "China Social Sciences", August 12, 2021, Issue 2228, August 12, 2021 Author: Liu Hui

The mainstream society in the United States to confuse the court to maintain the order of political rule and the essential difference between the order of social governance,S remarks to shape the U.S. Supreme Court as an ideal expressionman and "Temple of Non -Political Legal" in the ideal expression of the U.S. Supreme Court as the ideal expression of the "rule of law government instead of human governance"。Methods and judicial value orientation by confusing judicial power,Judicial value neutrality as the mainstream values ​​is generally accepted by American society,And spread to the world with the US hegemony。This value can affect the world,In the specific conditions of the American ruling class using the expansion lifestyle,The illusion of the "non -political legal temple" from the prerequisite and operation process of judicial power。

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First,The "mutual benefit" relationship generated by the ruling class uses lifestyle,Through material、Value replacement avoided the political nature of judicial power,Neutralize the economic and institutional premise of the establishment of judicial power。The lifestyle is the sum of life style and behavioral characteristics under certain social historical conditions and ideological guidance,American lifestyle is an expansion lifestyle derived from capitalist expansion of reproduction。where,"Finding a Better Life" is the fundamental purpose of expanding lifestyle,Three major elements that constitute an expansion lifestyle (living subject、living conditions、Form of Life Activity),Rights、zero -sum game is the behavioral characteristics of the subject of life; let go of freedom、The continuous expansion of claims is the inherent characteristics of the style of life,Continue to get rid of "Market bet365 best casino games Mantra"、Long -term maintenance of high -level resources to obtain ability is an essential living condition; guiding behavior characteristics through marketization means to avoid harm,Prosperous economy to satisfy the material desire to "find a better life" is the form of life activities。

but,Interaction of the living style and behavioral characteristics of the expansion lifestyle,It means the inevitability of class opposition and the normalization of multiple race games。On the one hand,Order required for the establishment of normal operation of life、Dive the ruler's sight、Reduce the cost of maintaining order、Maintain the "mutual benefit" relationship,In the process of pushing North America to the dominant world,European colonists/American ruling class uses immigrants/all Americans to "find a better life" need,Such as maintaining trade、National Security、Order required for normal operation of the market,Relying on the advanced productive forces of the clan, the multi -immigration accumulates,Commonly plundering,Maintain high -level resource acquisition ability,Then the external excess bonus obtained through hegemony will nurture the "disruptive innovation" ability to get rid of the "market curse",Advantages of living conditions for a long time。"Material substitution" that is higher than that of the asset income and labor market price difference from other countries is obtained.,Multi -ethnic agreements or default "exception" life styles,and being purchased as the vassal of the rulers。Material substitution caused the ruler to be unable to form a valid class combination,Economic prerequisites established by judicial power are neutralized。

On the other hand,Valuate alternative to eliminate the independent political consciousness of the ruling class,The prerequisite for the establishment of judicial power to be neutral。Life style and behavioral characteristics under the guidance of liberal ideology have spawned the balanced political system,The system design of decentralized checks and balances sets the judicial power relatively independent,It is not invaded by other groups Bet365 app download when ensuring that the living style of the ruling class groups is not infringed by other groups,The conflict between the ruler and the ruler and the race has the condition of "arbitration" for third parties "arbitration" that is "unreasonable" in the form。Compared with social power comparison changes,The ruling class and excluded ethnic minorities who have been included in the political process and the exclusive ethnic minorities are,Because of the intangible influence of "selecting one among several bad guys",and caused judicial power due to the interaction between the two "people have、People Enjoy the illusion。The ruling class enjoys the "better" value replacement of the value of other countries and has been eliminated for class consciousness,Cause only improvement and no revolution、The basic solution of political games that have not been prosecuted and unprepared and social conflicts,The prerequisite for the establishment of judicial power to be neutral。

Next,The behavioral characteristics of the ruling class use the lifestyle,The illusion of the judicial operation of the judicial operation with procedures。Under American lifestyle,Multi -ethnic life subject rights、The behavioral characteristics of the zero -sum game,Not only determines that the rule of law is an inevitable choice of market -oriented life style,At the same time, the operation of judicial power must avoid the ruling class and various races、Equipment groups cannot touch the bottom line of each other,The intangible demands of the ruling class must also be limited to the scope of the tolerance of the ruling class,This can maintain the normal operation of judicial power。Therefore,Program is extremely important for avoiding the political essence of the entity。Since the United States since the establishment of the United States,The Supreme Court distributes the Federal and state power、Maintain free and let go of the market economy order、Protection and expansion of citizen rights to determine the direction of the country's development direction has made a series of judgments that affect the social and historical process,But they are selective Bet365 lotto review cases that use the case selection procedure to avoid physical disputes,The trial of the specific case,It is to use the program to administrate political issues、Personalization of social issues、The results of the proceduralization of the physical problem。As early as the "Mibry Profile Madison Case" trial,Judge Marshall announced that "the Supreme Court has the power to review Congress and state law and the president's decision power",The request that Marburi returned the appointment of the judge also judged that the appointment of the judge's appointment was not the jurisdiction of the Supreme Court,This creates a precedent for evading the physical problems of the case with a program。

When the political force comparison provides conditions for the judicial method to solve a major social problem,The Supreme Court uses the constitutional method of the question procedure involved in the case to determine the constitutional problem of the physical problem to avoid the political essence of the specific case。The program is using behavioral characteristics,One of the important means of making judicial value neutral illusion。Through program,The court's function will focus on the level of social governance,The various interest groups of the ruling class have reached the guarantee of their own interests、Balance other groups、Perfluous Objectives of the Obstacles of the ruler,The result of a decisive case is an illusion that has been "legitimate program" instead of personal preferences。

  Weaken the ability to solve the problem of judicial power

"Non -Political Law Temple" is generally accepted by American society as the product of the expansion lifestyle。It can confuse the world with the face of "universal",Thanks to the United States that can rely on hegemony to obtain external resources,A "subsidy" for internal "subsidies" with an excess external dividend。The bewilding ability of the illusion of the "Temple" depends on how much the hegemony provides the dividends,This determines that when the US hegemony is relatively declining、The ability to send dividends Bet365 lotto review to the country will cause political polarization,The ability to solve the problem of judicial rights also greatly reduces it,This is mainly reflected in three aspects。

One,Operation according to the balanced political system,When liberal or conservative occupying the dominance of the Supreme Court, when the value orientation of judicial activities, the value orientation of judicial activities,The mild factions in the internal dominance of the Supreme Court and the pre -dominance will form alliances for different issues of trial activities,Forms a checks and balances at both ends of the ideological spectrum,Excessive decision、Unbearable state。June 26, 2018,The Supreme Court of the United States announced the Trump restricted part of the Middle East、African countries' administrative orders for US immigrants "fully meet" the scope of presidential power。and December 22, the same year,The Supreme Court is in the judgment of another case,However, it is determined that the Trump administration prohibits the administrative order provided by illegal immigrants to be unconstitutional。Chief Justice Roberts Roberts based on the concept of judicial restraint,A key opposition vote for the presidential administrative order。Two rules aimed at preventing illegal immigrants appearing opposite,not only reflects the original intention of using the system of systematic and balanced role in judicial power,It also exposed the weak state of the US Supreme Court when solving social governance problems。

Its two,In the face of conflict of interests,The Supreme Court may be "dismissed" to maintain the appearance of the "Temple" to maintain the appearance of the "temple",Or "disability"。When getting rid of the "market curse" ability to be weakened,Can't provide more and more opportunities for "looking for a better life" to trigger political polarization,The Supreme Court will expose its inherent defects。For example,During the 2000 American election,The Supreme Court was accused of creating "political paddling" through intervention in the election process.。During the 2020 Bet365 lotto review election,The U.S. Supreme Court directly sets up the way to refuse to accept Trump's election lawsuit,announce "disability" directly to the society。

Its three,Under the comparison of new forces,Byced to start balanced political operation,A new round of "transformation" The Supreme Court,Re -created "Temple",It is also one of the performances of the Supreme Court's unable to resolve political disputes。Trump during his tenure,The conservative forces of the Supreme Court have occupied the absolute advantage of 6: 3,As a result, the Supreme Court is even more difficult for the Supreme Court to use judicial power to conduct checks and balances on both ends of the ideological spectrum or beyond political disputes。When the condition of getting rid of the "market curse" is not fully lost,Reorganization Supreme Court becomes an option after the "Temple" disabled。January 30, 2021 US President Biden said,He is considering the establishment of the Supreme Court Committee,Discussion to increase the reform plan of the Supreme Court of Justice and the Lifetime of the Grand Justice。Visible,The changes in the number of judges are all proof of the political crisis that caused the "temple" and "disability" to be forced to start the stove。

So far,We can preliminary judgment,"Non -Political Law Temple" is just under the guidance of American liberal ideology,The ruling class operates normally to maintain the expansion lifestyle、Use all members of the society to "find a better life" mutually beneficial relationship to buy the ruling class,Let them accept or default the illusion of existing lifestyle,This lifestyle will be the right to the right、The behavioral characteristics of the zero -harmony game are incorporated into high marketization、A programmatic life style,The rule of law has become an inevitable choice。Operation through the balanced political system,Judicial power is premise、Personal composition、During the operation process, shape the "neutral" illusion,Accept the interest groups of all interests、Major social change caused by the judicial conflict Bet365 app download of judicial power on the conflict of the intangible interests,thus maintaining order。But,Continuously getting rid of the "market curse" is always the prerequisite for the appearance of the "non -political legal temple" to become the mainstream oath,The ability to get rid of the "market curse" is weakened,"Temple" ideology with strong colors will become increasingly prominent。

  (Author Unit: Institute of American Institute of Chinese Academy of Social Sciences、Xi Jinping at the Chinese Academy of Social Sciences Xi Jinping's new era of socialist ideology research centers)

Editor in charge: Zhang Yueying
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