论司法改革中的相对合理主义（On relative rationalism in judicial reform）.docVIP

论司法改革中的相对合理主义（On relative rationalism in judicial reform） On relative rationalism in judicial reform Author: Long Zongzhi The main objective of Chinas current judicial reform is to achieve judicial justice, and thus to promote social justice. Therefore, a series of rational changes are needed, including the renewal of ideas, the adjustment of organizational structure, the improvement of personnel quality and the improvement of system procedures. As for how to change, it involves different ideas and strategies. The author believes that Chinese judicial reform can only be placed in the overall social system, adopt the method of judicial internal and external interaction, it can only be improved gradually, and the theory of conditions, that is to say, should adhere to the relative rationalism. I. theoretical premise: Axiomatic thinking Relative rationalism does not mean extreme cultural relativism and value relativism. It confirms that there are some inter regional cultural norms based on the common living conditions and basic needs of mankind and the common results of human civilization. There are also universal methods to reflect the common law and requirements in the regulation of social community. Therefore, the theoretical premise of relative rationalism is to recognize the basic criterion of axioms and universality. This paper discussed the judicial system, the following requirements are axiomatic and universal: in the judicial function, judicial become socialist reflect, become social relations regulator and balance effectively, become the final barrier to protect the rights of citizens; in the judicial construction aspect, in the rational society under the supervision of judicial independence. The non administrative judicial autonomy within the noble and wise judge; in the judicial procedure, due process, and to avoid the interest litigation neutrality of judges, public litigation, litigation equality, participation, the timely conclusion of the procedure and s