| As the main force of law enforcement, people's courts shoulder more significant mission and undertake more prominent and urgent task after the formation of the socialist system of laws with Chinese characteristics. On the one hand, people's courts should indeed enforce the law strictly and fairly, and ensure the effective implementation of the Constitution and other laws. On the other hand, people's courts are also responsible for the development and improvement of the legal system within its sphere of responsibility, in order to ensure the laws obeyed are good. Thus justice plays an irreplaceable and unique role in the improvement of the legal system. Not only the gap between legislation and application of laws needs justice to remove, the contradiction between law-abiding and law-reforming also needs justice to eliminate. Furthermore, the fusion of legal norm and legal character needs justice to refer to, and the combination of the factor of norm and the fact of people needs justice to achieve. Justice perfects the legal system by acting on the micro-dimension and the adaptation process of the legal system, constructing the contact between law and society, and overcoming the inherent defects of the statute law. The specific ways to improve the legal system through justice include judicial interpretation, legal interpretation, guiding case, judicial review, judicial advice, participation in and cooperation with legislation, submitting to the authority to review and decision, introducing legislative bills and so on. To perfect the legal system through justice, we need to establish correct concepts and identify carefully whether the justice can play a role, how it work, and what the functions are. |
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