2003Xiandai faxueRequires access

The Characteristics and Idea of Judicature

YU Xiao-qing

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Abstract

Through semantic and ethical analysis we can understand that the judicature is actually to entail two aspects: the application of the material law and procedure law, the former of which ensures the affirmation of the rights and the latter provides the legal relief. The nature of the judicature is to affirm impartiality which includes the application of legal procedure, i.e. justifiably treating all the holders of the civil rights and of the application of the material laws including regarding obligation as a means of guarding one's right and the guarantee of the civil rights as the supreme goal of the judicature.

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What this paper is about

Through semantic and ethical analysis we can understand that the judicature is actually to entail two aspects: the application of the material law and procedure law, the former of which ensures the affirmation of the rights and the latter provides the legal relief. The nature of the judicature is to affirm impartiality which includes the application of legal procedure, i.e. justifiably treating all the holders of the civil rights and of the application of the material laws including regarding obligation as a means of guarding one's right and the guarantee of the civil rights as the supreme goal of the judicature.

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Available abstract

Through semantic and ethical analysis we can understand that the judicature is actually to entail two aspects: the application of the material law and procedure law, the former of which ensures the affirmation of the rights and the latter provides the legal relief. The nature of the judicature is to affirm impartiality which includes the application of legal procedure, i.e. justifiably treating all the holders of the civil rights and of the application of the material laws including regarding obligation as a means of guarding one's right and the guarantee of the civil rights as the supreme goal of the judicature.

Key concepts: Impartiality, Law, Obligation, Political science, Supreme court, Civil rights

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