The Theoretical Dimensions of Judicial Power

Author: Sun Wansheng
Publisher:
Publish Date: 2002-04-01
Features: The right of judicial power is a right of judgment, which refers to the final authority enjoyed by the court to legally judge the factual and legal claims of parties involved in disputes, thereby upholding the value of the law. A complete form of judicial power encompasses three constitutive elements: disputes, judges, and procedures. It can be divided into three ideal types: state-centered, procedure-centered, and purpose-centered. The ideal of judicial power lies in achieving a conceptual and institutional unity among a series of mutually opposing value categories, thereby realizing a practical transcendence of judicial power. The path to realizing the ideal of judicial power is through judicial reform, which enhances the rationalization of the external movement structure and internal operational structure of judicial power. Let us maintain a rational expectation for judicial reform!