Judicial Policy:Theory and Practice——Basic Theoretical Issues Regarding Judicial Policy
Liu Wu-jun
Abstract
Liu Wu-jun
Abstract
Judicial policy,as a kind of public policy in the field of justice,refers to the set of judicial strategies and judicial norms promulgated for certain judicial purposes by relevant state authorities.Judicial activism,judicial modesty,judicial guidance,judicial responsiveness,judicial authority,and judicial democracy are the defining features of judicial policy.In a sense,judicial policy is the concrete manifestation of the national policy in the field of justice,which relates to the set of guidelines,strategies,priorities,and principles as well as the orientation of judicial work in a given period of time that are laid down by relevant judicial organs in accordance with specific conditions of judicial practices.In the context of Chinese law,the formulation of the concept of judicial policy is an extension and development of the traditional concept of 'policy' which falls largely within the administrative purview,thus transforming the administrative context-based 'policy' into a judicial context-based one.
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Judicial policy,as a kind of public policy in the field of justice,refers to the set of judicial strategies and judicial norms promulgated for certain judicial purposes by relevant state authorities.Judicial activism,judicial modesty,judicial guidance,judicial responsiveness,judicial authority,and judicial democracy are the defining features of judicial policy.In a sense,judicial policy is the concrete manifestation of the national policy in the field of justice,which relates to the set of guidelines,strategies,priorities,and principles as well as the orientation of judicial work in a given period of time that are laid down by relevant judicial organs in accordance with specific conditions of judicial practices.In the context of Chinese law,the formulation of the concept of judicial policy is an extension and development of the traditional concept of 'policy' which falls largely within the administrative purview,thus transforming the administrative context-based 'policy' into a judicial context-based one.
Key concepts: Judicial activism, Judicial discretion, Judicial independence, Judicial review, Political science, Context (archaeology), Economic Justice, Judicial opinion