Systematic construction of judicial science
November 22, 2023 09:28 Source: "China Social Sciences", November 22, 2023, Issue 2778 Author: Zheng Yunrui

March 2023,The new "Research on the Judicial System" by Mr. Cui Yongdong, a special professor of Shandong University, published by People's Publishing House。This book is included in the "Judicial Research Series",Become the eleventh book in this series。The whole book is divided into 18 chapters,It mainly focuses on the theoretical system of the judiciary、Scope system and disciplinary system began discussions。This book is Professor Cui Yongdong Following the Principles of Judicial (People's Publishing House 2011)、"Judicial Theory" (People's Publishing House 2014 edition) Another system after two monographs explores judicial masterpieces,The future development of the discipline of judicial science will play a leading role。

The book is the name of "Construction of Judicial System",The meaning of the construction of the judicial system、The connotation was briefly analyzed,The following is a summary: Judicial is an emerging subject,Is a research judicial concept、Disciplines of the judicial system and judicial practice,It is also a study of judicial traditions and judicial reality、Discipline of Folk Justice and International bet365 Play online games Justice。It has both cross -disciplinary characteristics,There are independent discipline attributes。The former refers to the formation of judicial philosophy in cross with philosophy,Crossing judicial history with historios,Crossing from ethics to form judicial ethics,Cross -formation of judicial management with management,Crossing of administrative academy formed judicial administration,etc.。The latter refers to its independent value,It is manifested in the following sub -discipline: judicial procedure、Judicial System Learning、Traditional Judicial Studies、Judicial Concept、International Judicial、Judicial Concept,etc.。Judicial research not only has significant theoretical significance,There is also a significant practical significance,Because the justice is the key link from the top -level design to specific practice,Judicial studies have important support significance for the current and future judicial reform。

The maturity of a discipline depends on the maturity of its theoretical system,The maturity of the theoretical system depends on the maturity of the category system。So,The establishment of a category system of the judiciary has become the key to promoting its theoretical system and the improvement of the subject system。The category bet365 Play online games of judicial science can be divided into basic categories、Core category and basic category three categories,Basic categories are fundamental in the field of judicial category,is "basic engineering",The core category is supporting category,Basic category is the category of auxiliary。If judicial is a building,So the foundation category is foundation,The core category is the pillar,The basic category is brick tile。They jointly built a theoretical building。

The basic category of justice is "humanitarian justice",This is because of,Humanitarianism reflects the core values ​​of the judicial field。"Humanitarian Justice" that embodies humanity value, of course, should become the basic category of judicial science,It is a logical starting point for the establishment and development of judicial studies。The core category of justice includes judicial ontology、Judicial value、Judicial subject、Judicial subject、Judicial object,etc.。Basic categories include the category of judicial theoretical categories、Three categories of the category category and judicial practice categories。The category of judicial theoreticals includes judicial concepts、Judicial Principles、Judicial Democracy、Judicial Democracy、Judicial equality,etc.。The category of the judicial system bet365 best casino games includes the judicial system、Judicial Administration、Judicial Supervision、Judicial Standards、Judicial Supervision、Ethical Justice、Religious justice、Folk Justice,etc.。The scope of judicial practice includes judicial procedures、Judicial method、Judicial Management、Administrative Litigation、Criminal Litigation、Civil proceedings、Administrative Litigation,etc.。

Review from the theoretical dimension,The theoretical basis of justice is judicial dualism theory,Theoretical support includes the theory of "legislation" of justice、The theory of administrative "justice"、Theory of judicial supervision、Theory of judicial management、Theory of judicial program、Theory of ethical justice、Theory of judicial reform、The theory of international justice,etc.。where,Judicial dualism is a theory that emphasizes the support of state judicial and social judicial support; the theory of judicial legislation is a kind of emphasis on judicial interpretation to fill the loopholes、Establishing the theory of rules; the theory of administrative justice refers to a theory of a kind of administrative organs solve administrative disputes through "quasi -judicial" means; the theory of judicial supervision is a theory that emphasizes the supervision and restrictions Bet365 app download of the judicial authority in the prosecutor's organs; The theory of judicial management is a emphasis on passing the assessment、Evaluation、rewards and punishments and other means to manage the judicial processes and judicial personnel; the theory of judicial procedures refers to a theory of a judicial organ engaged in judicial activities in accordance with legal procedures; theory of ethical justice is a kind of emphasis on the impact of ethical concepts or dominating judicial judicial judicial The theory of practice; the theory of judicial reform is a judicial system、The theory of innovation in mechanisms and systems; international judicial theory refers to an international judicial institution or international organization based on international treaties、The theory of resolving international disputes with judicial or quasi -judicial means。

The formation of the system of judicial category marks the maturity of the theoretical system of the judiciary and the formation of the subject system。Basic category of justice、Core category and basic category,constitutes the skeletal of the theoretical system of the judiciary; the core concept of judicial science、Basic theory and support theory constitute the flesh and blood of the theoretical system of the judiciary; and its intersection integration forms the main part of the subject system of bet365 live casino games the judicial discipline。Therefore, dominates and integrates various subordinates of the judiciary,Form a melting category system、The mature "subject group" of the theoretical system and the subject system in the furnace,This is the maturity of justice。This is a goal that the theoretical and practical circles are looking forward to。

Of course,There are also some places where "beauty in the United States and China" also exists,If some chapters are slightly brief,The theoretical depth of some chapters also needs to be improved,There is also a comprehensive analysis and generalization of the system of judicial scope (concept) system that is not sufficient — the book is just analysis、Defined and explained some of the more important judicial concepts (some ordinary judicial concepts do not add theory),and the logical relationship between the concepts still lacks systematic argument。Especially the logical association between the second -level disciplines under the judiciary,Lack of in -depth and detailed argument。This needs to be improved and supplemented by the author or other experts。In short,Uncover Yu,This book will play an important role in promoting the systemic construction of judicial studies。

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