The basic principles of justice, what are the main principles of justice

Legal Analysis: The principles of justice mainly include: 1. Judicial fairness, including the fairness of substantive law and the fairness of procedural law. This is required by the nature of judicial activity and the intrinsic spirit of the law.

2. In judicial activities, it is necessary to uphold the equality of all citizens before the law. These include the equality of all citizens under the law, the equal rights and obligations of citizens in accordance with the law, the protection of the legitimate rights and interests of any citizen, and the prosecution of any citizen's illegal acts. Third, it is necessary to persist in taking facts as the basis and the law as the criterion.

Fact-based is the basis for excluding subjective imagination, analysis, and judgment based on objective facts. Cases should be tried according to the standards and yardsticks of the law, and handled in strict accordance with legal procedures. 4. Judicial organs exercise their functions and powers independently in accordance with law.

Legal basis: Article 2 of the Civil Procedure Law of the People's Republic of China? The tasks of the Civil Procedure Law of the People's Republic of China are to protect the parties in exercising their procedural rights, to ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, hear civil cases in a timely manner, confirm the relationship between civil rights and obligations, sanction civil violations, protect the legitimate rights and interests of the parties, educate citizens to consciously abide by the law, maintain social and economic order, and ensure the smooth progress of socialist construction.

Article six? The people's courts exercise the power to adjudicate civil cases. The people's courts are to independently adjudicate civil cases in accordance with the provisions of law, and are not to be interfered with by administrative organs, social groups, or individuals.

Article 7? People's courts hearing civil cases must be based on facts and the law as the criterion.

Article 8? Parties to civil litigation have equal procedural rights. People's courts hearing civil cases shall safeguard and facilitate the parties' exercise of procedural rights, and treat all parties equally in the application of law.

Judicial impartiality, all citizens are equal before the law, based on facts, with the law as the criterion, and the judicial organs independently exercise their functions and powers in accordance with the law.

The main aspects of judicial principles are as follows:

1. Judicial fairness, including the fairness of substantive law and the fairness of procedural law.

2. All citizens are equal before the law. These include the equality of all citizens under the law, and the equal rights and obligations of citizens under the law.

3. Take the facts as the basis and the law as the criterion. Taking facts as the basis means using objective facts as the basis to exclude subjective imagination, analysis, and judgment, and to try cases according to the standards and yardsticks of the law and handle matters in strict accordance with legal procedures.

4. Judicial organs exercise their functions and powers independently in accordance with the law. Judicial organs exercise their functions and powers independently in accordance with the law and are not subject to interference by administrative organs, groups or individuals.

The principles of judicial excavation include:

1) The principle of judicial rule of law. China's three major procedural laws all stipulate the principle of "taking the facts as the basis and the law as the criterion." Taking facts as the basis means that judicial organs can only use the facts related to the case as the basis for hearing all cases, and cannot rely on subjective assumptions.

Taking the law as the criterion means that in the course of administering justice, judicial organs must act in strict accordance with the provisions of the law and take the law as the sole criterion and yardstick for handling cases.

2) The principle of judicial equality. In the field of application of the law, the basic meaning of equality before the law is: First, in China, the law is uniformly applied to all citizens, regardless of ethnicity, race, gender, occupation, social origin, religious belief, property status, etc., and all citizens enjoy the same rights and bear the same obligations in accordance with the law.

Secondly, all citizens whose rights have been violated are equally protected by the law and cannot discriminate against any citizen. Thirdly, in civil litigation and administrative litigation, it is necessary to ensure that the litigants enjoy equal procedural rights and cannot favor any party; In criminal proceedings, it is necessary to earnestly protect the procedural rights enjoyed by litigation participants in accordance with law. Finally, any citizen who violates the law and committing a crime must be investigated for legal responsibility and given corresponding legal sanctions in accordance with the law, and no special citizen who is not bound by the law or is above the law is not allowed, and any special treatment beyond the law is illegal.

3) The principle of judicial independence. According to the provisions of the Constitution and relevant laws, the basic meaning of this principle is: first, the exclusivity of judicial power, that is, the judicial power of the state can only be uniformly exercised by the judicial organs and procuratorial organs at all levels of the state, and no other organ, group or individual has the right to exercise this right; second, the independence of the exercise of judicial power, that is, the people's courts and people's procuratorates independently exercise their functions and powers in accordance with the law, and are not subject to illegal interference by administrative organs, social groups and individuals; Finally, the legitimacy of the exercise of judicial power is judged by filial piety, that is, judicial organs must strictly follow the provisions of the law and correctly apply the law when adjudicating cases, and must not abuse their power and arbitrarily adjudicate cases.

4) The principle of judicial responsibility refers to a system of responsibility that judicial organs and judicial personnel should bear when they infringe upon the legitimate rights and interests of citizens, legal persons and other social organizations in the process of exercising judicial power, causing serious consequences. The principle of judicial responsibility is a power restraint mechanism proposed in accordance with the rule of law principle of the unity of power and responsibility.

5) The principle of judicial impartiality refers to the principle that judicial organs and their judicial personnel should uphold and embody the principles of fairness and justice in the process and results of judicial activities. Judicial impartiality is an important part of social justice, which includes substantive justice and procedural justice. Substantive justice mainly refers to the fairness of the results of judicial adjudication, the rights and interests of the parties have been fully protected, and the offenders have received the punishment and sanctions they deserve.

Procedural fairness mainly refers to the fairness of the judicial process, where the judicial process is legitimate and the parties are treated fairly in the judicial process.

Legal Analysis: Basic Principles of Justice:

1. The principle of judicial unity.

A unified country needs a unified socialist legal system to safeguard it, and the unity of the country inevitably requires the unity of the legal system.

2. The principle of taking the facts as the basis and the law as the criterion.

Article 6 of China's Criminal Procedure Law stipulates that the people's courts, people's procuratorates, and public security organs must be based on facts and the law as the criterion for conducting criminal proceedings. Article 7 of the Civil Procedure Law stipulates that the people's courts shall take the facts as the basis and the law as the criterion in hearing civil cases of rotation and rejection. Article 4 of the Administrative Litigation Law stipulates that the people's courts hearing administrative cases shall be based on the facts and the law shall be the criterion.

Article 3, paragraph 2 of the Lawyers Law stipulates that lawyers' practice must be based on facts and the law as the criterion. These provisions have established the principle of "taking facts as the basis and the law as the criterion" in China's judicial work.

3. The principle of equality before the law.

As early as 1954, China's constitution clearly stipulated: "All citizens of the People's Republic of China are equal before the law. The Organic Law of the People's Courts and the Organic Law of the People's Procuratorates, enacted in the same year, also stipulate this principle as an important judicial principle.

4. The principle of protecting human rights.

The protection of human rights has become an important part of many substantive and procedural laws in China, and has thus become an important judicial principle in China, and judicial organs and their staff must earnestly respect and protect human rights in judicial activities.

5. Accept the principle of supervision.

The principle of accepting supervision means that in the course of carrying out judicial activities, judicial organs and their staff shall accept the supervision of state power organs, procuratorial organs, the people, and the press, and earnestly correct their own illegal acts, prevent the occurrence of judicial corruption, and promote the realization of judicial fairness.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 6: People's courts, people's procuratorates, and public security organs conducting criminal proceedings must rely on the public, must have the facts as their basis, and the law as their measure. All citizens are equal in the application of the law, and no privileges are allowed before the law.

Article 7: People's courts, people's procuratorates, and public security organs conducting criminal proceedings shall divide labor and responsibility, cooperate with each other, and restrain each other, so as to ensure the accurate and effective enforcement of the law.

Civil Procedure Law of the People's Republic of China》 Article 4: People's courts exercise their adjudication power independently in administrative cases in accordance with law, and are not subject to interference by administrative organs, social groups, or individuals.

The people's courts are to establish administrative tribunals to hear administrative cases.

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