Since the 18th National Congress of the Communist Party of China，The deployment and measures of China's judicial system reform series，All originated from Chinese judicial practice，Facing Chinese judicial practice。In this sense，Since the 18th National Congress of the Communist Party of China, the basic philosophy of my country's judicial reforms，Judicial philosophy that can be called practicalism -this "take practice as the starting point，and finally return to practice "judicial philosophy，is a kind of judicial philosophy of "being in action"，It has three righteousness for judicial reform。

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One，"Problem -oriented" judicial reform method is to start with the "problem" in judicial practice as the logic of reform。"Problem -oriented" reform methods are three: one is to investigate research，Find out the situation。As a prelude to judicial reform，Investigation and research is essentially the basic way we know and grasp the actual situation of China's judicial situation，It is also a process that we know and grasp the judiciary。The second is to sort out analysis，Find the question。On the basis of investigation and research，Fixed analysis of various information，Remove the truth，Deeply understand the status quo of Chinese justice、Nature and development trend，Practice the development law of justice，Find the main contradictions and main issues that exist in the Chinese judicial system and mechanisms and its operations。Third is the evaluation theory，Drawing a plan。The 3rd Middle School of the 18th bet365 live casino games Party、The Fourth Plenary Session made system planning and thorough deployment of the reform of the judicial system，Determined 9 major reform areas、129 reform tasks，Developed specific construction drawings and timetables。

Its two，The "problem -oriented" judicial reform method is to gradually advance in a pilot reform.。Pilot reform is not only the basic way to implement reform measures，It is also a way to test the reform plan。In this sense,，"Problem -oriented" reform method has practical quality，It has three: First, from practice，Go to practice。The judicial reform measures since the 18th National Congress of the Communist Party of China are "comprehensive sorting out、Accurate analysis and objective evaluation of the judicial system and its existing problems，and return to practice by pilot reform，Test of Practice。The second is to respond to practice needs。The main contradiction in the field of judicial in China is the contradiction between the people's needs for justice and the development and operation of the judicial system and the development and operation of the judicial system.。So，China's judicial reform is based on the people's fairness needs as the basic motivation。Third is to solve practical problems。The Fourth Plenary Session of the Eighteenth Central Committee of the Eighteenth Central Committee revolves around "Guarantee Justice、Improving judicial credibility "set 48 reform measures，Set 18 reform measures around the "strengthening the construction of the rule of law work"。These reform measures are based on the problems that are urgent in judicial practice.。

Its three，"Problem -oriented" judicial reform method is the reform path focusing on "solving urgency problems"。1 is to grasp the main contradictions in the judicial field，Hold the judicial responsibility Bet365 lotto review system this "cow nose"。The second is to respect the laws of justice。General Secretary Xi Jinping emphasized when presiding over the 21st collective study of the Political Bureau of the CPC Central Committee: improving the judicial system、Deepen the reform of the judicial system，Follow the objective laws of judicial activities，Reflection of power and responsibility、Open and fair、Open and fair、Respect the requirements of the program。Third is to make a coordinated advance。To promote public security reform、Reform of the national security organs、Judicial Administrative Reform and other tasks。

　Case Justice

One，Judicial justice is specific，and manifested as a case justice。The first is theoretically，People's awareness of justice can be roughly divided into "priority justice" and "specific justice"。Compared to priority justice，Judicial justice and specific justice are more in line with。If you say that you are justified to construct an absolute justice society，So specific justice is committed to eliminating unruly in real society。The second is that judicial activities always follow the case。From the perspective of the judiciary，It is always based on case facts，During the process of solving the dispute，Applicable Law。As far as the parties to the lawsuit，The personal participation of the judicial process makes it a natural affinity and sensitivity to the case。Third, the case is always specific。Case justice constitutes a basic principle of judicial activities。Although the case is the object of judicial practice，But it is like a mirror，Not only reflects the appearance of the judicial process，also reflects the nature of the judiciary。

Its two，Based on case justice。First is the so Bet365 lotto review -called overall justice of justice，Rough interpretation of dual interpretation: universal justice and overall justice。Whether it is absolute value，Or relative value，The overall justice of justice is based on case justice，It is the sum of the accumulated justice。Second, in its absolute sense，Case justice is the only criterion for judging judicial justice; in its relative sense，Case justice and overall justice, that is, individual and general dialectical relationships，overall justice of justice is a summary of case justice，and exist in the case。Third is that justice is also universal or overall meaning。Supreme cases will often cause people's negative evaluation of the entire judicial system，And people's negative impression of the overall judicial overall will extend to judicial cases。Properly deal with the relationship between general justice and case justice，The essence lies in restricting the blindness and intentions of the judge's referee。

Its three，Case Justice Leading Social Justice。Social justice can be divided into allocation of justice and correction justice。First，Allocation of justice is mainly implemented by legislators。Due to the "democracy" elements of legislation, it is of extent and relative，So，The distribution of justice as social justice is a form of justice and relative justice。Next，Correctional justice is implemented by the judge -the judge through deprivation of the advantages and compensation of the victim's loss of the victim，So as to return to the "measurement division" established by the legislation。In view of correction justice, it is usually manifested as case justice，The case is always specific，Therefore，Correctional justice is concrete and absolute。Last，Social justice is bet365 best casino games based on allocation of justice。But under the premise of being presided as proposed by allocating justice，Social justice has at least two meanings: one means that any person who suffers from non -public behavior is given the power to start a correction machine that is independently managed by the judge，The second means that the judge should not consider the special identity or social status of the victim and the injured when accepting any case。

　　Pay attention to practical results

One，The judicial reform of "practical results" means the establishment of the "consequenceist" referee.。First, in terms of the parties and their affiliates，An effective judgment not only generates a direct binding force on the parties to the case，Change its rights and obligations，and the order of life order of affiliated people such as the family members of the parties has a direct or indirect impact。Second, in terms of the public，An effective judicial referee actually established a "behavioral paradigm" in the name of the country。Based on this "demonstration role"，The effectiveness of the judicial referee spills，The role of judicial effect is overflowing from the parties to the case to the public。In this sense，The "consideration" of the consequences in the judicial process is not simply factual experience judgment，It is a standardized value judgment。Third is at the judge level，An effective judgment is likely to become an example of the subsequent case referee，A good effective referee，Not only may it be the "example" for the judge of the judge of the referee，and may also provide "Guidelines" when the category cases of his colleagues are cut。This is the basic logic of the Chinese case guidance system。

Its two，The judicial reform of "practical effect" bet365 best casino games means the introduction of "practical wisdom"。Practical Wisdom is rooted in specific practical situations，Through the guidance of action to solve practical problems，Therefore，Different from conventional skills、program or knowledge。In legal practice，Practice wisdom is the inner element of the subject of legal practice，The main body uses practical wisdom，The real background of the legal practice activities it participated、Analysis of social factors and conditions、Weighing、Evaluation and adjustment，To find a choice to find a reason、Actual、Followed by expected and support。For judges and courts，Judicial referee is a rational cause，This rational cause is both a way to play a role in practical wisdom，It is also the product of practical wisdom。

Its three，The judicial reform of "practical effect" means that the judiciary should pay attention to the effectiveness of the judicial referee。Effectiveness is to achieve or meet the expected purpose。Habermas distinguishes two aspects of legal effectiveness: on the one hand, the social effectiveness measured according to its average compliance，On the other hand, it is accepted by standardized。The so -called effective results cannot be simply understood as the factual effectiveness of only focusing on actual effects，What should be considered is precisely the dimension of standardization。For the judicial referee，We need to focus on the subjectivity between the judiciary and the subject or the so -called "French -civilian relationship"，Then seek communication and dialogue between each other，Dest to standardized consensus，To enhance the credibility and acceptability of the judiciary。This is also the main focus point of the current judicial reform。

　　(The author is a professor at Wuhan University Law School)