On the Paradigm of Judicial Philosophy and Transformation
Zhang You-lian
Abstract
Zhang You-lian
Abstract
With the development of the construction of rule of law,the defects of traditional instrumental paradigm of judicial philosophy have become clearer than ever. The paradigm of judicial impartiality is based on humanism that requires judicial equity,judicial independence and judicial procedural justice. The paradigm of judicial philosophy should be transformed from judicial instrument paradigm to judicial impartiality which means the judicial goal from power to rights,judicial status from dependence to independence,judicial foundations from duty to authority,judicial sprits from obeying to belief. Only in this way can a new way of judicial reform be opened up.
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With the development of the construction of rule of law,the defects of traditional instrumental paradigm of judicial philosophy have become clearer than ever. The paradigm of judicial impartiality is based on humanism that requires judicial equity,judicial independence and judicial procedural justice. The paradigm of judicial philosophy should be transformed from judicial instrument paradigm to judicial impartiality which means the judicial goal from power to rights,judicial status from dependence to independence,judicial foundations from duty to authority,judicial sprits from obeying to belief. Only in this way can a new way of judicial reform be opened up.
Key concepts: Impartiality, Judicial independence, Judicial activism, Judicial discretion, Law, Political science, Judicial opinion, Judicial review