Theorizing Judicial Democracy in the Chinese Context:from Perspectives of Political Justification and Power Legitimacy
Chen Fei-xian
Abstract
Chen Fei-xian
Abstract
Through examining the people's judicial practice in the new era from the perspectives of political justification and power legitimacy,it can be found that although the key to the innovations in theory and the practice of institutions is still how to establish social confidence in the judicial authority in China,people's interests and concerns should be given due attention in dealing with judicial issues.Therefore,it is important that,based on the principle of the rule of law and judicial professionalization,the theory and practice of Chinese judicial democracy be devoted to people's rational,effective and proper participation in the judicial activities,so as to make judicial participation more convenient,more accessible,more transparent and more equal.At the same time,all judicial activities should be conducted in an exact accordance to law,follow the judicial procedures and meet the requirements of judicial professionalism and regularities.Only when the procedures are open to the public,the principle of duty fulfillment fully implemented,and people allowed to take a reasonable and appropriate part in judicial activities,can consensus and cooperation be achieved,judicial democracy honored,and judicial authority further respected.
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Through examining the people's judicial practice in the new era from the perspectives of political justification and power legitimacy,it can be found that although the key to the innovations in theory and the practice of institutions is still how to establish social confidence in the judicial authority in China,people's interests and concerns should be given due attention in dealing with judicial issues.Therefore,it is important that,based on the principle of the rule of law and judicial professionalization,the theory and practice of Chinese judicial democracy be devoted to people's rational,effective and proper participation in the judicial activities,so as to make judicial participation more convenient,more accessible,more transparent and more equal.At the same time,all judicial activities should be conducted in an exact accordance to law,follow the judicial procedures and meet the requirements of judicial professionalism and regularities.Only when the procedures are open to the public,the principle of duty fulfillment fully implemented,and people allowed to take a reasonable and appropriate part in judicial activities,can consensus and cooperation be achieved,judicial democracy honored,and judicial authority further respected.
Key concepts: Legitimacy, Judicial activism, Judicial review, Duty, Rule of law, Democracy, Law, Judicial opinion