Legislation, judicature and administration are three important disciplines, which are based on and shoulder the heavy responsibility of ensuring the realization of national constitutional principles. They are interdependent and indispensable; Otherwise, even if the legislature formulates a good law according to the constitutional principle, it will only become a mere formality if it is not implemented and shelved. The administrative power of administrative organs is expanding day by day. If there is no judicial power to effectively restrict it, then the basic human rights of citizens will not be guaranteed. It shows that the value and position of justice are real, not castles in the air. This book divides the judicial system into six chapters and thirty-four chapters: judicial principles, judicial subjects, judicial objects, judicial behaviors, judicial skills and social justice. Focus on the basic theory and frontier issues in the judicial field. It is said that collecting the latest information, absorbing the latest research results, analyzing and comparing research, reflecting the law of justice and establishing a judicial discipline will be helpful to teaching and scientific research and readers who care about judicial construction.
—— Xiong Xianjue/1 Preface
Chapter I Introduction/1
Section 1 Justice is an independent discipline/1
I. Concepts and characteristics of judicial science /l
II. The Value and Status of Judicial Science /l
Section 2 Research Objects of Judicial Science /2
I. Judicial phenomena /2
Two. Judicial regulations /3
Three. Judicial practice /3
Section 3 Research Methods of Judicial Science /4
I. System Theory Method /4
Second, the method of analysis and comparison /4
III. Dialectical Materialism Method /5
Four. The method of integrating theory with practice /5
Judicial first theory
Chapter II Overview of Judicial Principles /9
Section 1 Justice and Judicial Power /9
I. Justice is the product of history /9
Second, judicial power is an important power of the state.
Three. Criteria for determining the judiciary/1 1
Section 2 Judicial Ideas/12
I judicial justice is the core concept/12
Two. Elements of judicial justice/13
Three. The relationship between procedural justice and substantive justice/15
Section 3 Judicial Features/16
I. Judicial characteristics are the basic attributes of courts/16
Two. Specific manifestations of judicial characteristics/17
Section 4 Judicial Philosophy/19
I. Concept and nature of judicial philosophy/19
II. The Category and System of Judicial Philosophy /20
Three. Judicial philosophy of pursuing justice, truth, goodness and beauty /2 1
Chapter III Emergence and Evolution of Justice /24
Section 1 Judicial Production /24
I. Former Justice /24
Two. Judicial production /25
Section 2 Evolution of the Judiciary /25
I theocratic justice /25
Two. Civil rights justice /26
Three. Human rights management /27
Section 3 Contemporary Judicial Mode /28
I. Western judicial model /28
Two. Judicial model in the East /28
Three. Judicial pluralism and internationalization /29
Chapter IV Judicial System and Types /30
Section 1 Concept and Status of the Judicial System /30
I. Concept of judicial system /30
Two. Internal relations in the judicial system /3l
Section 2 Types of Judicial System /32
I. "Separation of powers" in the judicial system /32
Two. Judicial system of "separation of five powers" /33
Three. Judicial system of "consultation and division of labor" /33
Four. Judicial system of "integration of deliberation and execution" /34
Section 3 Types of Judicial Administration /35
I. Ministry of Justice /35
Two. Ministry of Justice /35
Three. Small Ministry of Justice /35
Chapter V Functions and Purpose of Justice /37
Section 1 Judicial Functions /37
I. Protection Function /37
Second, the adjustment function /37
Three. Penalty function /38
Four. Educational function /38
Section 2 Judicial Purpose /38
I. Social equity and justice /38
Two. The concept and characteristics of justice /39
Iii. Various theories of justice /4 1
Four. The noble purpose of justice /44
Chapter VI Value and Efficiency of Justice /46
The first section of the concept and scope of judicial value /46
I. Values /46
Two. Legal values /47
Three. Judicial values /48
The value of justice in the second quarter /49
I. Fair value /49
Two. The value of the rule of law /52
Three. Order value /55
Four. Human rights values /6l
Section 3 Judicial Efficiency /62
I. The concept of efficiency
Two. Efficiency value of justice /63
Chapter VII Guiding Ideology and Basic Principles of Justice /66
The first section the concept of guiding ideology /66
The guiding ideology of justice in the second quarter /67
I. Ideological Emancipation and Judicial Unity /67
Two. Unification of economic base and superstructure /67
Three. Unity of democratic politics and the implementation of the rule of law /68
Four. Unity of Fairness, Justice and Human Rights Protection /68
Section 3 Basic Principles of Justice /68
I. The principle of judicial sovereignty /69
Two. Principle of judicial unity /70
Three. Principle of judicial independence /7 1
Four. Principle of judicial restriction /72
Verb (abbreviation of verb) principle of judicial democracy /73
Principle of judicial equality of intransitive verbs /74
Seven. The principle of seeking truth from justice /75
Eight. People-oriented principle of justice /76
Nine. Principles of judicial cooperation /77
X. Principles of judicial harmony /77
Chapter VIII Judicial Environment and Conditions /78
Section 1 Judicial Environment /78
I. Concept and function of environment /78
Two. The relationship between justice and environment /79
Three. Types of judicial environment /79
Section 2 Judicial Conditions /83
I. Meaning and types of judicial conditions /83
Two. Judicial situation /83
The second part is the theory of judicial subject.
Chapter IX Overview of Judicial Subjects /9 1
Section 1 The concept of judicial subject /9l
I. Meaning of the theme /9l
Second, the concept of judicial subject /9l
Section 2 Types of Judicial Subjects /93
I. Judiciary /94
Two. Parties /94
Three. Participants in the proceedings /94
Chapter X Justice /95
Section 1 Overview of the Judiciary /95
I. Courts are traditional judicial organs /95
Second, courts and administrative organs are fundamentally different /96
Three. Principles and types of courts /97
Four. Types of judicial organs /99
Section 2 Judicial Organs in Western Countries/100
I. Judicial Organs in Common Law Countries/100
Two. Judicial organs of civil law countries/108
Three. Three changes in Japan's judicial system/123
Section III Judiciary of China/127
I. People's Court/127
Two. People's Procuratorate/129
Section IV Judicial Organs and Theoretical Basis of Constitutional Review/1 30
First, the concept of unconstitutional review and related issues/1 30
Two. Main contents of unconstitutional review/133
Third, the theoretical basis of unconstitutional review/137
Four. The origin and historical development of unconstitutional review/147
Four modes of unconstitutional review of verb (abbreviation of verb)/149
The Historical Position and Scheme of Constitutional Review in China/156
XI legal profession/172 chapter
Section 1 Overview of Legal Profession/172
I. Concept and significance of legal profession/172
Ii. the origin of the legal profession/173
Three. Types of legal professions/174
Four. Legal education/174
Section 2 Judges/177
I. Overview of judges/177
Two. Judges from two legal systems/1 88
Three. Judges in China/194
The third group of prosecutors/195
I. Overview of the Prosecutor/195
Two. Prosecutors in countries with two legal systems/198
Three. Prosecutor of China /200
Section 4 Lawyers /202
I. Overview of lawyers /202
Two. Lawyers in Western Countries /204
Three. Lawyer China /206
Section 5 Non-professional Judges /208
I. Concept and origin of non-professional judges /208
Second, the jury system in common law countries /208
Three. Participation system of civil law countries /209
Fourth, the jury system in China /2 10
Chapter XII Parties /2 19
Section 1 Overview of Parties /2 19
I. The Party's Idea /2 19
Two. Identity of the parties /2 19
Three. Name of the party /220
Four. Type of party /220
Section 2 Natural Persons /22 1
I. Concept of natural person and status of litigation subject /22]
Two. Legal capacity of natural persons /223
Three. Natural person's ability /223
Four. Guardianship issues /224
Section 3 Legal Person /226
I. Concept, emergence and development of legal person /226
Two. Conditions and types of legal person establishment /227
Three. Legal person's capacity for rights and conduct /228
IV. Viewpoint of Legal Person Subject Theory /228
Verb (abbreviation of verb) unincorporated organization /230
The third part is the theory of judicial object.
Chapter XIII Overview of Judicial Objects /233
Section 1 The concept of judicial object /233
I. The concept of object /233
Second, the concept of judicial object /233
The concept and composition of judicial relations in the second quarter /234
I. Concept of judicial relationship /234
Two. Composition of judicial relations /234
Section 3 Types of Judicial Relations /235
I. Procedural legal relations /235
Two. Entity legal relationship /235
Chapter XIV Judicial Relations /237
Section 1 Judicial Relations /237
I courts and judges /237
Two. Judicial participants /237
Three. Judicial participants /238
Section 2 Three Major Judicial Relations /238
I. Similarities and differences among the three major jurisdictions /238
Two. Criminal justice and administrative justice /239
Three. Administrative justice and civil justice /239
Section 3 Judicial Relations and Entity Legal Relations /24 1
I. Concepts and types of judicial relations and substantive legal relations /24 1
Second, the difference between judicial relationship and substantive legal relationship /24 1
Chapter XV Judicial Basis /243
Section 1 Concept and Significance of Judicial Basis /243
I. Concept of judicial basis /243
Two. The significance of judicial foundation /243
In the second quarter, the basic theory of judicial basis /244
I. The fact does not exist /244
Second, the fact agnosticism /244
Iii. Facts are close to the truth /245
Four, the fact knowable theory /245
In the third quarter, the mastery and application of judicial foundation /245
I. Mastering Epistemology /245
Two. Evidence theory /246
Three. Applying the Theory of Practice /246
IV. Adoption of Evidence Evaluation Theory /246
Chapter XVI Judicial Standards /248
Section 1 Concept and Significance of Judicial Standards /248
I. Concept of judicial standards /248
Two. The significance of judicial standards /248
Section 2 Types and Basic Principles of Judicial Standards /249
I. Two Types of Judicial Standards /249
Two. Basic principles of judicial standards in civil law countries /249
Three. The principle of combining law, reason and emotion /249
Section 3 Legal Measurement Standards /250
I. Common situations stipulated by law /250
Second, the lack of legal provisions /250
Three. Conflict of laws and regulations /25l
The fourth part is the theory of judicial behavior.
Chapter XVII Summary of Judicial Acts /255
Section 1 Concepts, Types and Theories of Legal Acts /255
I. Concept of Behavior /255
Two. The concept of legal act /255
Three. Types and theories of legal acts /255
Section 2 Concepts, Types and Characteristics of Judicial Acts /258
I. Concept of judicial act /258
Two. Types and characteristics of judicial acts /259
Chapter XVIII Exercise of Rights /260
Section 1 Concepts and Types of Sports /260
First, the concept of exercise behavior /260
Two. Types of exercise /260
Main exercise behaviors in the second quarter /26 1
I. Compulsory Behavior /26 1
II. Judicial Conduct /263
Three. The referee's behavior /263
Four. Execute, 264
Verb (abbreviation for verb) acts of controlling power /265
Chapter 19 Rights Protection Behavior /268
Section 1 Concepts and Types of Rights Protection Behavior /268
I. Concept of Rights Protection Behavior /268
Two. Capacity of the parties /269
Three. Litigation rights and obligations of the parties /270
Four. Types of Rights Protection Bill /27l
Section 2 Main Rights Acts /272
First, the right to appeal, 273
Second, the act of providing evidence /273
Three. Debate /277
Four. Silence /278
Verb (abbreviation of verb) against extorting a confession by torture /278
Chapter 20 Governance Behavior /280
Section 1 Concepts and Types of Governance Behavior /280
I. Concept of ruling behavior /280
II. Types of Governance Behavior /280
Section 2 Judicial Integrity /28l
I. Concept and Significance of Judicial Integrity /28l
Two. Judicial integrity review /282
Three. Global anti-corruption /284
Section 3 Judicial Oath /286
I. Concept and function of judicial oath /286
Second, the judicial oath system should be established as soon as possible /286
Section 4 Judicial Discipline /287
I. Concept and function of judicial discipline /287
Second, the relationship between judicial discipline and judicial ethics and their differences /287
Three. Provisions and observance of judicial discipline /288
Section 5 Judicial Ethics /290
I. Concept and function of judicial ethics /290
Two. Basic principles and rules of judicial ethics /292
Three. Standardization and Compliance of Judicial Morality /296
Chapter XXI Judicial Responsibility /298
Section 1 Theories and Types of Judicial Responsibility /298
I. Theory of Judicial Responsibility /298
Two. Types of judicial responsibility /299
Section 2 Composition and Characteristics of Judicial Responsibility /30 1
I. Composition of Judicial Responsibility /30 1
Two. Characteristics of judicial responsibility /303
Section 3 Forms of Judicial Responsibility and Its Investigation /304
I. Forms of judicial responsibility /304
Two. Investigation of judicial responsibility /305
The fifth part is the theory of judicial skills.
Chapter XXIII Overview of Judicial Skills /309
Section 1 Concept and Important Role of Judicial Skills /309
I. Concept of judicial skills /309
Two. The important role of judicial skills /3 10
Section 2 Types of Judicial Skills /3 1 1
I. Types of judicial skills /3 1 1
Second, the judicial skills of * * * 3 1 1
Chapter 23 Trial Skills /3 12
Section 1 Pre-trial Preparation and Its Significance /3 12
I. Pre-trial preparation /3 10
II. Significance of Pre-trial Preparation /3 13
The significance of the test in the second quarter /3 14
I. The Important Role of Open Trial /3 14
Second, the trial is not a "trial" /3 14.
Section 3 Comprehensive Art of Trial /3 15
I. "Ten Want and Ten Don't" /3l 5
Second, continue to sum up experience /3 18
Section 4 Art of Case Trial /3 1 8
I. The Art of Civil Trial /3 1 8
II. The Art of Criminal Trial /3 19
Iii. The Art of Other Cases /32 1
Chapter XXIV Mediation Skills /322
Section 1 Types and Advantages of Mediation /322
I. Concept and types of mediation /322
Two. Advantages of mediation /322
Section 2 Principles of Mediation /323
I. Voluntary principle /323
Two. Principle of legality /323
Three. Rationality principle /324
Four. The principle of harmony /324
Section 3 Comprehensive Mediation Art /324
I. Ten Don't Want /324
Second, continue to sum up experience /326
Section 4 Art of Case Mediation /327
I. The Art of Mediation in Civil Cases /327
Second, the art of mediation in criminal cases /327
Three. The art of mediation in other cases /328
Chapter 25 Investigation Techniques /329
The first section investigation system /329
I. Types of detection systems /329
Second, the detection system theory /330
Section 2 Procuratorial Technology /33 1
I. Scope of Prosecution /33 1
Second, the capture technology /33 1
Three. Prosecution technology /332
Section 3 Investigation Technology /333
I. Characteristics of the survey /333
Two. Investigation technology /334
Chapter 26 Lawyer Skills /335
Section 1 Status and Role of Lawyers /335
I. Overview of lawyers /335
Ii. the role of lawyers /335
Defense skills in the second quarter /336
I. Concept and function of criminal defense /336
Second, the defense skills /336
Section 3 Debate Skills /339
I. Concepts and Basic Principles of Civil Debate /339
Two. Similarities and differences between civil agency and criminal defense /339
Chapter 27 Appraisal Skills /34 1
Section 1 Summary of Judicial Appraisal /34 1
I. Concept and nature of judicial expertise /34 1
Second, the emergence and development of judicial expertise /342
Three. Judicial expertise in China /346
Section 2 Classification of Judicial Expertise /347
I. Classification of foreign judicial expertise /347
Two. Classification of Judicial Expertise in China /348
In the third quarter, judicial expertise technology /349
I. Principles of judicial expertise /349
Two. Judicial expertise technology /350
Chapter 28 clerical skills /35 1
Section 1 Overview of Judicial Documents /35 1
I. Concepts and types of judicial documents /35 1
Two. Concepts and types of adjudicative documents /35 0
Three. Basic theory of judgment documents /352
In the second quarter, the making skills of judgment documents /355
I. Basic structure of judgment documents /355
Two. Linguistic Features of Judgment Documents /358
Three. Legal Thinking and Legal Reasoning of Judgment Documents /362
Section 3 Principles and Requirements for Making Judgment Documents /363
The fourth quarter, the comparison of Chinese and Western judgment documents /365
I. Relationship between legal system and judgment documents /365
Second, the main differences between Chinese and Western legal cultures /367
Three. The main characteristics of contemporary China judgment documents /369
Four, the different styles of Chinese and Western judgment documents /369
Chapter XXIX Judicial Execution /373
Section 1 Concepts and Types of Judicial Execution /373
I. Concept of judicial execution /373
Two. Types of judicial execution /374
Section 2 Community Correction /376
I. Concept and characteristics of community correction /376
Second, the theoretical basis of community correction /378
Third, the emergence and development of community correction /380
Four. Western Community Correction /382
Verb (abbreviation of verb) Community correction in China /389
Internationalization of community correction of intransitive verbs /390
Section 3 Judicial Compensation /393
I. Concept and types of judicial compensation /393
Second, the theoretical basis of judicial compensation /397
Three. Judicial compensation in the west /404
Four. Judicial compensation in China /407
Section IV Judicial Compensation /4 1 1
I. Concept and theoretical basis of judicial compensation /4 1 1
Two. Judicial compensation in western China /4 12
Three. Judicial compensation in China /4 1 3
Chapter 30 Judicial Administration /4 15
Section 1 Concepts and Types of Judicial Management /4l5
I. The concept of judicial administration /4 15
Two. The Origin and Types of Judicial Administration /4 19
Three. Significance of separation of trial and judicature /420
Section 2 Judicial Management in Common Law Countries /42t
I. US Department of Justice /42 1
Second, the British Ministry of Justice /422
Section 3 Judicial Management in Civil Law Countries /424
I. German Ministry of Justice /424
Two. French Ministry of Justice /425
The fourth quarter China judicial management /426.
I. Historical Evolution of the Ministry of Justice of China /426
Second, the current judicial management system in China /43 1
Three. Promoting the reform of the judicial system /432
The sixth article on social justice
Chapter 31 Overview of Social Justice /437
The first section the concept and significance of social justice /437
I. The concept of social justice /437
Two. The significance of social justice /438
Type and nature of social justice in the second quarter /438
I. Types of social justice /438
Two. The essence of social justice /439
Section III Establishment and Development Prospect of Social Judicial System /439
I. Establishing a Social Justice System /439
Two. The development prospect of social justice system /439
Chapter 32 Mediation /440
The first section mediation summary /440
I. Concept and characteristics of mediation /440
Ii. the origin and development of mediation /44 1
Three. Mediation system in contemporary China /442
Section 2 People's Mediation /444
I. Establishment and development of people's mediation /444
Second, the nature and basic principles of people's mediation /445
Three. Organization and working methods of people's mediation /447
Section 3 Mediation in Western Countries /449
I. Mediation outside litigation /449
Two. Court mediation /450
Section IV Status, Function and Prospect of Mediation /45 1
I. Current Situation of People's Mediation /45l
Two. The role of people's mediation /4.52
Three. The prospect of people's mediation /452
Chapter 33 Arbitration /454
Section 1 Overview of Arbitration /454
I. Concept and legal characteristics of arbitration /454
Second, the basic theory of arbitration /456
Three. The origin and evolution of arbitration /457
Section 2 Arbitration in Western Countries /46 1
I arbitration institution /46 1
Two. Arbitration agreement /462
Three. Arbitrators and arbitral tribunals /463
Four. Arbitration proceedings /464
Verb (abbreviation of verb) Arbitration award /465
Execution of intransitive verb arbitration award /466
Section 3 International Commercial Arbitration /466
I. Classification of international commercial arbitration institutions /466
Two. Main permanent international commercial arbitration institutions /467
Section 4 China Arbitration /469
I introduction and mistranslation of arbitration /469
Two. The establishment and development of arbitration in China /470
Three. Reform and Improvement of Arbitration in China /472
Chapter 34 Notarization /48 1
Section 1 Overview of Notarization /48 1
I. Concept and nature of notarization /48 1
II. The Origin and Evolution of Notarization /485
Section 2 Notarization in Western Countries /486
I notarization in France and Germany /486
Two. Anglo-American Notarization /487
Three. Japanese Notarization /487
Section 3 Chinese Notarization /487
I. Private Certificates and Tax Deeds in Ancient China /487
Two. Notarization in the Republic of China /488
Three. The establishment and development of notarization system in People's Republic of China (PRC) /489
Four. The nature, task and establishment of the current notary public /490
Verb (abbreviation of verb) Notary's qualification, appointment and removal, rights and morality /492
Notarization principle and notarization effect of intransitive verbs /493