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What is the basic concept of the judicial system?

1. The concept of fairness and justice. Different from the arbitrariness and partiality of justice in authoritarian societies, modern justice first advocates the concepts of fairness and justice. As Bacon's famous saying goes, "Crime only pollutes the water, and one unfair judgment pollutes the water source. Therefore, an unfair judgment is more harmful than ten crimes." It can be seen how important justice is to justice. Important, it is the basis for people to establish their belief in the rule of law.

2. The concept of legal authority. The concept of legal authority is also called the concept of "law supremacy". It is actually people's belief in the law. Whether the law has authority in a country is the fundamental difference between whether the country's governance strategy is rule by man or rule by law. In view of the reality that our country is currently in a period of social transformation (one of which is the transition from the rule of man to the rule of law) and the construction of the rule of law is still in its infancy, it is particularly important to emphasize the establishment of the concept of legal authority.

3. The concept of openness and transparency. Contrary to the backward judicial concept of the feudal era that "if punishment is unknowable, the power is unpredictable", modern justice emphasizes "judiciary under the sun" to prevent partiality and corruption caused by black-box operations to the greatest extent. In recent years, the Supreme People's Court has vigorously advocated a series of "open trial" activities, which have achieved remarkable results in promoting fairness through openness. It not only makes the people feel the fairness of the judiciary, but also establishes a good social image for the People's Court and enhances the credibility of the judiciary. played a huge role.

4. The concept of equal treatment. The concept of equality that should be followed in judicial activities is actually the reflection and inevitable requirement of the principle of "everyone is equal before the law" in the Constitution in judicial activities. Paying equal attention to the rights of the parties and equally sanctioning the illegal acts of all parties are the inherent requirements of judicial fairness.

5. Strictly adhere to the concept of neutrality. The so-called neutrality emphasizes the ability to be objective and neutral in refereeing without any favoritism. Its inherent mechanism is that the essence of refereeing is the measurement of interests. As a measurer of interests, one cannot have interests himself. The referee should be a third party with no conflict of interest and cannot Be both a player and a referee.

6. The concept of judicial civilization. As one of the categories of the superstructure, the judiciary reflects the level of social civilization from one side, especially in promoting the development of political civilization. It plays an irreplaceable role. Therefore, establishing the concept of judicial civilization is also an essential part of establishing modern judicial concepts.

7. Human rights-based concept. The protection of human rights is the highest value of the law, and the ultimate goal of justice is the realization of human rights. Providing judicial channels for human rights relief and implementing judicial protection of human rights are an indispensable and important part of the modern judicial concept. Therefore, modern judicial care for human rights must be reflected and reflected in all areas of justice.

8. The concept of judicial efficiency. The issue of judicial efficiency is actually a matter of input-output perspective.

9. Scientific concept of judicial methods. The so-called scientific concept of judicial methods emphasizes the methodological issues of legal thinking. Any kind of judicial adjudication activity is actually a process of starting from known facts (that is, using existing evidence), using appropriate thinking methods to deduce unknown facts, and making legal evaluations (positive or negative evaluations) .

10. The concept of power restriction. Necessary supervision and restriction of judicial power is also one of the concepts of building modern civilized justice. At present, on the premise of ensuring that the judicial organs exercise judicial power independently and fairly in accordance with the law, we must further strengthen the internal supervision of the judicial organs, standardize the external supervision of the judicial organs, and make the supervision and restriction work truly orderly and effective, thereby ensuring that the judicial organs perform their duties in accordance with the law. Apply the law independently and implement it to the letter.