The Rational Path of the Judicial System

Author: Sun Wansheng
Publisher:
Publish Date: 2004-04-01
Features: The judicial system is a component of the political system with a certain autonomous operational logic. Its function lies in providing institutional guarantees for establishing and realizing the formal rationality of the legal process during the operation of judicial power, thereby promoting the overall operational goals of the state's political system. The judicial system is based on judicial rationality as its intrinsic foundation, respects the operational logic of judicial techniques, and relies on judicial ethics to gain universal obedience and recognition. A fundamental reason for the numerous differences between Chinese and Western judicial systems in terms of conceptual foundations and institutional appearances lies in their distinct social and historical structures. The contemporary Chinese judicial system must consistently adhere to the scientific concept of development that prioritizes people-centered and comprehensive coordination. Its development path should be one of limited construction based on evolutionary foundations. The development and improvement of the contemporary Chinese judicial system should focus on the institutional rationality of four aspects: system, management, litigation, and the judge profession.