Legal Authority and Judicial Justice after Formation of Chinese Characteristic Legal System
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    Abstract:

    The formation of Chinese characteristic legal system marks the significant achievements of legal construction in 30 years, but the legal authority fails to fully demonstrate. To a greater extent, the existing legal system is the sense of the text, which more depends on state enforcement to obtain the universal obedience in form. Legal authority should be within the unity of inner persuasion and external enforcement of law. In the normative and institutional characteristics, the existing legal system doesn’t yet form a legal system with the inner meaning of the same context, positive mechanism to absorb and reject social challenges and inadequate of multi-dual fragment caused by the multi-duality of Chinese society. The building of legal authority depends on the implementation of legal institutionalization, but we can not simply equate the legal authority and fair administration of justice. To rely on legal authority to promote justice, we must clarify a series of questions based on the fair administration of justice, and follow certain standards of law to achieve an effective system construction.

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贾焕银.中国特色法律体系的法律权威与公正司法[J].重庆大学学报社会科学版,2013,19(1):111~115

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  • Received:
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  • Online: January 21,2013
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