Theory of Judicial Power and Its Transformation
At present, the judicial reform of China is in full swing. The criminal judicial reform firstly shakes the traditional concepts held by Chinese judicial and law e¼nforcement personnel for years. Therefore, while researching and discussing the tendency and
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Theory of Judicial Power and Its Transformation
2.1 Transformation of Judicial Concepts At present, the judicial reform of China is in full swing. The criminal judicial reform firstly shakes the traditional concepts held by Chinese judicial and law enforcement personnel for years. Therefore, while researching and discussing the tendency and direction of the judicial reform, the traditional concepts in this regard shall be properly adjusted and transformed, which is a problem that must be solved. Otherwise, even a flawless system is unable to yield good results; it is because the perfect modern systems and the accompanying guidelines and management codes seem like castle in the air, if a nation has yet formed a broad and modern psychological foundation that vitalizes these systems, and if the people that implement and employ the modern systems have yet experienced modernization of psychology, thought, attitude and behavior, then there will be a destined tragedy of lopsided and failed development, and the perfect modern systems and management modes, and even advanced technologies, will become worthless waste in the hands of those old-fashioned. This transformation of concepts is not only the key to the success of judicial reform, but also an important sign that a society is turning into a law-based one. Specifically, the transformation of concepts is mainly reflected in the following aspects.
2.1.1 Transfrom from the One-Sided Value of Combating Crime to the Pluralistic Balanced Value Centered on Human Rights Protection Looking at the historical evolution of social division of labor, the original function of the criminal judicial system is to fight against crime, that’s why all countries have, for quite a long period, held that the basic value proposition of their criminal judicial systems was to crack down on crime. However, with the development of society and the progress of human civilization, the concept of protecting human rights is © China Renmin University Press 2021 W. Chen, Reform and Development of Powers and Functions of China’s Criminal Proceedings, https://doi.org/10.1007/978-981-15-8431-2_2
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2 Theory of Judicial Power and Its Transformation
increasingly valued by people all over the world, and defined as one of the value goals of criminal judicial activities in some countries. As far as China is concerned, owing to the influence of the traditional values (e.g., “selflessness”) that advocate social interests, and the constraint of the mindset that the major social contradiction is the one between ourselves and the enemy, the national criminal judicial system has all along been focused on combating crime, and pays less attention to protecting the rights of criminal suspects and defendants. Nowadays, the judicial activities of modern society shall uphold justice and civilization, and the constantly developing human society shall respect human rights. Therefore, one of the goals of the reform of China’s criminal judicial system is to intensify the protection of the rights of criminal suspects an
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