Judicial Research (2003, Issue 1, First Issue)

Author: Editorial Committee of This Book
Publisher:
Publishing Date: 2003-12-01
Features: With the continuous deepening of reform and opening-up and the development and improvement of the socialist market economy, China's socialist democracy and legal system construction has achieved significant accomplishments. The 15th National Congress of the Communist Party of China made the major decision to "govern the country according to law." The 16th National Congress proposed that in the first two decades of this century, we should concentrate efforts to comprehensively build a moderately prosperous society of a higher level that benefits over a billion people, making the economy more developed, democracy more robust, science and education more advanced, culture more flourishing, society more harmonious, and people's lives more prosperous. Comrade Hu Jintao pointed out: "Throughout the process of reform and opening-up and socialist modernization, we must consistently adhere to the basic strategy of governing the country according to law." Fully implementing the basic strategy of governing the country according to law is an important part of comprehensively building a moderately prosperous society and a strong guarantee for achieving this grand goal. As the judicial organ, the People's Courts bear a particularly important sacred duty and glorious mission in the historical process of governing the country according to law and building a socialist rule of law state. The reform, development, and construction of the People's Courts are closely linked with the reform, development, and improvement of the economy and society. In the new context, judicial work is becoming increasingly complex, judicial reform is gradually deepening, and the professional development of the judiciary is actively advancing. The People's Courts face many new situations and issues. Fully leveraging the judicial function to provide strong and reliable judicial guarantees and high-quality, efficient legal services for reform, development, and stability requires vigorously strengthening judicial theoretical research and enhancing the level of judicial theory. Currently, the scope of judicial work is continuously expanding, and difficult and complex cases arise one after another. Accurately grasping the meaning of legal provisions, possessing a comprehensive knowledge structure and perspective, and having a well-rounded comprehensive quality have become important indicators for measuring a judge's level and ability in law enforcement. It can be said that innovating learning methods, enhancing learning ability, using learning to meet challenges, using learning to grow skills, and using learning to pursue development have become essential for every legal professional dedicated to the construction of the socialist rule of law. Law is a practical science and a highly applied social science with strong relevance. As an applied legal research discipline, judicial theoretical research must adhere to a correct political direction, use scientific research methods, keep pace with the times, focus on key research areas, and adhere to the principle of combining theory with practice. It must respect practice, connect with practice, achieve unity of knowledge and action, apply knowledge to practice, promote learning through application, and enhance learning through application. The issues it addresses must necessarily be major theoretical and practical problems in the current judicial work of the People's Courts, judicial reform, and national rule of law construction. They should also be new, difficult, and special legal issues in judicial practice, and more importantly, major issues in legal research and practice with overall, forward-looking, and strategic significance. By seriously studying and researching new legal thoughts and theories reflecting the characteristics of the times, as well as new theories and achievements related to reform and innovation, and by establishing a strong sense of exploration and innovation, keeping pace with the times, and striving for progress, we can draw nourishment from practice, conduct theoretical analysis, elevate "perceptual understanding" to "rational understanding," move from the "natural realm" to the "inevitable realm," and ensure that research results have practical significance and long-term practical value. Focusing on judicial practice, identifying key points and starting points, and conducting applied legal research with clear objectives can help achieve common improvement through the exchange of research results. For judges, persistently cultivating and improving their legal theoretical literacy in work and study is indispensable, and it also holds great significance for enhancing the overall quality of the judicial team. Valuing theoretical research, strengthening rational thinking, excelling in theoretical summarization, being skilled in theoretical analysis, and daring to innovate in theory can enhance judicial standards and improve the ability to guide practice and solve problems using judicial theory. To serve as a competent judge, one must deeply understand and grasp the spirit and intent of the law, accurately interpret the law, and flexibly apply it to specific cases to correctly exercise judicial power and achieve fair judgments. A judge without a solid foundation in legal theory will find it difficult to provide reasonable interpretations and arguments for legal applications; a judge without proficient professional knowledge and judicial skills will find it difficult to handle cases with high quality and efficiency; and a judge without well-developed professional thinking will find it difficult to make objective, fair, and trustworthy judgments. In the new era, every judge has the responsibility and obligation to diligently study legal theory, deeply analyze legal issues, and contribute to the prosperity of legal research and the implementation of the basic strategy of governing the country according to law through their practical actions. Based on the above considerations, we have compiled this series of albums to provide a new platform for learning and exchange, promoting improvement. Guided by the theories of Deng Xiaoping and the Important Thought of "Three Represents," the albums focus on the theme of "fairness and efficiency" in judicial work, align with the fundamental purpose of serving the people through the judiciary, are rooted in the realities of judicial work, and feature theoretical research closely linked with judicial practice. The goal is to achieve a healthy interaction between theoretical research and judicial practice, ensuring that the selected articles are innovative, insightful, fully showcase the new progress in judicial work, reflect new measures in judicial reform, promote new achievements in team building, expand new methods in judicial management, present new experiences in grassroots construction, and embody the innovative thinking and pioneering spirit of the authors. The albums also reflect the rigorous, pragmatic, and (refining and perfecting) academic attitude of the authors, helping readers broaden their horizons and open their minds, so that they gain insights and inspiration after reading. Given the limited capabilities of the editors, despite our best efforts, there may be omissions and shortcomings. We sincerely hope for your attention, support, care, and assistance. We respectfully invite all wise and knowledgeable individuals to offer guidance. December 2003