| Generally speaking, the judicial values as a form of legal values are influenced not only by the traditional thoughts of political science and law, but also by the transformation of economy, change of social structure, and evolution of culture, so that the judicial values can't be separated from the society. Moreover, the society is a tortuous process of evolving. Therefore, the judicial values are always adjusting themselves to adapt the social changes. The contemporary judicial values of China have undergone four historical phases, along with two society transformations and the different development stages of the second one. That is, the political judicial values of "serving for class struggle" has transformed into the economic judicial values of "safeguarding the economic construction", and further evolved into the social judicial values of "excluding the difficulty of social stability", at last tended towards the equitable judicial values of "guiding for the civilization of rule of law". But the former three kinds of justice values are the products of legal instrumentalism and the variants of the rule of man which need historical reflections. If the judicial values can't get rid of the "tool theory" from the source, they are bound to fall into the idealistic and romantic quagmire and doomed to fail. Indeed, the judicial values should be based on the professional skills, deal with social disputes independently, safeguard social fairness and justice and repair the damaged social relations. Economic development and social stability are the social effects which justice actively pursues, but they should not be elevated to its core mission. Order, justice, rule of law and human rights are the universal values which justice try to pursue. Therefore, the society must shape the multiple equitable judicial values, which take "fair, probity, for the people" as the core. |
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