The Contradiction and Balance between Modernity and Governance in Judicial Reform in the New Era
The multiple rounds of judicial reforms in China since the end of the last century have dual characteristics of modernity and governance,carrying the dual expression of the dimensions of the people and the state.The different expressions of the dimensions between the public and the state in judicial reform can lead to a deeper mismatch between the modern charac-teristics and governance needs of judicial reform in terms of structure,value,and efficiency.This is manifested in the con-straints of power structure and local environment on judicial reform,the dissolution of formal justice and rule rationality by substantive law paradigms,and the"human case contradiction"in the context of judicial reform.The long-term solution to o-vercome the dilemma of judicial reform is to propose the consensus principle of maintaining the dynamic balance between the modernity governance structure of judicial reform in the process of social dialectical movement between national governance and social modernity.
judicial reformmodernitygovernancecontradictions and conflictsgovernance scheme
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