Reasonable Basis for Media Judicial Supervision Under the Scope of Good Governance of Good Law

Sun Manman; Shi Lei; Wang Yilin

doi:doi:10.11648/j.ijls.20210403.11

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Reasonable Basis for Media Judicial Supervision Under the Scope of Good Governance of Good Law

Sun Manman, Shi Lei, Wang Yilin

Published in International Journal of Law and Society (Volume 4, Issue 3)

Received: 27 May 2021 Accepted: 29 June 2021 Published: 10 July 2021

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Abstract

Good governance of good law are the substantive rule of law, not only need the law to be good law, but also need the legal governance effect to be good governance. The key to achieve good governance of good law is the strict adherence to law, also need to assist in fair and democratic governance. The philosophical methods of judicial trial under good governance of good law is "Legalism-led Consequentialism Supplement", When there is a legitimacy crisis arising from the second-order reasons (i.e legal rules), it is necessary to use consequentialism to consider the law and other first-order reasons to make judgment. The application of consequentialism brings the judgment of media supervision and professional justice to a limited extent consistency, and the judicial timely response to the needs of social concerns, to a certain extent, it increases the smoothness of judicial supervision, but the two are naturally in conflict. The reasonable judicial supervision of media should be based on the requirement of tool rationality and value rationality in order to ensure the justice.

Published in	International Journal of Law and Society (Volume 4, Issue 3)
DOI	10.11648/j.ijls.20210403.11
Page(s)	159-164
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2021. Published by Science Publishing Group

Keywords

Good Governance of Good Law, Judicial Philosophy Method, Media Judicial Supervision, Reasonable Basis

References

[1]	Chen Hui. On the Value and Orientation of Consequentialism in the Legal Adjudication [J]. The Jurist, 2018, (04): 35-50, 192.
[2]	Decision of the Central Committee of the CPC on Some Major Issues Concerning Comprehensively Promoting the Rule of Law [J] China Legal Science, 2014 (06): 5-19.
[3]	Xi Jinping presided over the first meeting of the CPC Central Committee for the Comprehensive Governing of Law and stressed the strengthening of the Party's centralized and unified leadership over the Comprehensive Rule of Law to better guarantee the role of maintaining fundamental stability, stable expectations and long - term benefits [J]. The People’s Congress, 2018 (09): 4-5.
[4]	Qiang Shigong. Party Constitution and Constitution: Construction of the Republic of Rule of Law [J]. Beijing Cultural Review, 2015 (04): 20-31.
[5]	Aristoteles. Politicss [M]. Wu Shoupeng, translate. Beijing: The Commercial Press, 1994: 200, 149.
[6]	Qiang Shigong. The Path and Pattern of China's Rule of Law: Global Vision and Chinese Experience [J]. Administration Reform, 2019 (08): 21-28.
[7]	Furrer. The Morality of Law [M]. Zheng Ge, translate. Beijing: The Commercial Press, 2006.
[8]	Zhou Anping. The Relations between Good Governance and the Rule of Law——Clarify the misunderstanding of the current understanding [J]. Studies in Law and Business, 2015 (04): 75-82.
[9]	Yu Keping. Democratic Governance and political Reform in China [M]. Beijing: Central Compilation & Translation Press, 2012.
[10]	Dai Jianhua. The rule of law should be a combination of good law and good governance [N]. Study Times, 2019-09-18 (003).
[11]	Issued by the Central Committee of the Communist Party of China. China Construction Plan for Rule of Law (2020-2025) [J]. China Anti-Counterfeiting Report, 2021 (01): 68-77.
[12]	Zhang Wenxian. Basic Theory and Practical Process of Judicial Reform of People's Court [J]. Law and Social Development, 2009, 15 (03): 3-14.
[13]	Xi Jinping. Explanation on the Decision of the CPC Central Committee on Some Major Issues Concerning Comprehensively Promoting the Rule of Law [J]. Qiu Shi, 2014 (21): 16-23.
[14]	Sun Haibo. The Contest of "Consequence Consideration" and "Legalism"——Between the nightmare and the dream of legal method [J]. Law and Social Development, 2015, 21 (02): 167-177.
[15]	Joseph Raz. The Morality of Freedom Oxford university press, 1986.
[16]	Ye Huichen. Practical grounds and authority Justification —— on the authority theory of Rz [J] Jin Ling Law Review, 2015 (02): 105-118.
[17]	Marx and Engels: The Complete Works of Marx and Engels (Volume 1) [M]. Compilation and Translation of Marx and Engels Lenin Stalin of the Central Committee of the Communist Party of China, Beijing: People's Publishing House, 1995: 201.

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Sun Manman, Shi Lei, Wang Yilin. (2021). Reasonable Basis for Media Judicial Supervision Under the Scope of Good Governance of Good Law. International Journal of Law and Society, 4(3), 159-164. https://doi.org/10.11648/j.ijls.20210403.11

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ACS Style

Sun Manman; Shi Lei; Wang Yilin. Reasonable Basis for Media Judicial Supervision Under the Scope of Good Governance of Good Law. Int. J. Law Soc. 2021, 4(3), 159-164. doi: 10.11648/j.ijls.20210403.11

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AMA Style

Sun Manman, Shi Lei, Wang Yilin. Reasonable Basis for Media Judicial Supervision Under the Scope of Good Governance of Good Law. Int J Law Soc. 2021;4(3):159-164. doi: 10.11648/j.ijls.20210403.11

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@article{10.11648/j.ijls.20210403.11,
  author = {Sun Manman and Shi Lei and Wang Yilin},
  title = {Reasonable Basis for Media Judicial Supervision Under the Scope of Good Governance of Good Law},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {3},
  pages = {159-164},
  doi = {10.11648/j.ijls.20210403.11},
  url = {https://doi.org/10.11648/j.ijls.20210403.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210403.11},
  abstract = {Good governance of good law are the substantive rule of law, not only need the law to be good law, but also need the legal governance effect to be good governance. The key to achieve good governance of good law is the strict adherence to law, also need to assist in fair and democratic governance. The philosophical methods of judicial trial under good governance of good law is "Legalism-led Consequentialism Supplement", When there is a legitimacy crisis arising from the second-order reasons (i.e legal rules), it is necessary to use consequentialism to consider the law and other first-order reasons to make judgment. The application of consequentialism brings the judgment of media supervision and professional justice to a limited extent consistency, and the judicial timely response to the needs of social concerns, to a certain extent, it increases the smoothness of judicial supervision, but the two are naturally in conflict. The reasonable judicial supervision of media should be based on the requirement of tool rationality and value rationality in order to ensure the justice.},
 year = {2021}
}

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TY  - JOUR
T1  - Reasonable Basis for Media Judicial Supervision Under the Scope of Good Governance of Good Law
AU  - Sun Manman
AU  - Shi Lei
AU  - Wang Yilin
Y1  - 2021/07/10
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210403.11
DO  - 10.11648/j.ijls.20210403.11
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 159
EP  - 164
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210403.11
AB  - Good governance of good law are the substantive rule of law, not only need the law to be good law, but also need the legal governance effect to be good governance. The key to achieve good governance of good law is the strict adherence to law, also need to assist in fair and democratic governance. The philosophical methods of judicial trial under good governance of good law is "Legalism-led Consequentialism Supplement", When there is a legitimacy crisis arising from the second-order reasons (i.e legal rules), it is necessary to use consequentialism to consider the law and other first-order reasons to make judgment. The application of consequentialism brings the judgment of media supervision and professional justice to a limited extent consistency, and the judicial timely response to the needs of social concerns, to a certain extent, it increases the smoothness of judicial supervision, but the two are naturally in conflict. The reasonable judicial supervision of media should be based on the requirement of tool rationality and value rationality in order to ensure the justice.
VL  - 4
IS  - 3
ER  -

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Author Information

Sun Manman

College of Marxism, Xi'an University of Science and Technology, Xi’an, P. R. China
Shi Lei

College of Marxism, Xi'an University of Science and Technology, Xi’an, P. R. China
Wang Yilin

College of Economics and Management, Shanghai University of Electric Power, Shanghai, P. R. China

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APA Style

Sun Manman, Shi Lei, Wang Yilin. (2021). Reasonable Basis for Media Judicial Supervision Under the Scope of Good Governance of Good Law. International Journal of Law and Society, 4(3), 159-164. https://doi.org/10.11648/j.ijls.20210403.11

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ACS Style

Sun Manman; Shi Lei; Wang Yilin. Reasonable Basis for Media Judicial Supervision Under the Scope of Good Governance of Good Law. Int. J. Law Soc. 2021, 4(3), 159-164. doi: 10.11648/j.ijls.20210403.11

Copy | Download

AMA Style

Sun Manman, Shi Lei, Wang Yilin. Reasonable Basis for Media Judicial Supervision Under the Scope of Good Governance of Good Law. Int J Law Soc. 2021;4(3):159-164. doi: 10.11648/j.ijls.20210403.11

Copy | Download

@article{10.11648/j.ijls.20210403.11,
  author = {Sun Manman and Shi Lei and Wang Yilin},
  title = {Reasonable Basis for Media Judicial Supervision Under the Scope of Good Governance of Good Law},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {3},
  pages = {159-164},
  doi = {10.11648/j.ijls.20210403.11},
  url = {https://doi.org/10.11648/j.ijls.20210403.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210403.11},
  abstract = {Good governance of good law are the substantive rule of law, not only need the law to be good law, but also need the legal governance effect to be good governance. The key to achieve good governance of good law is the strict adherence to law, also need to assist in fair and democratic governance. The philosophical methods of judicial trial under good governance of good law is "Legalism-led Consequentialism Supplement", When there is a legitimacy crisis arising from the second-order reasons (i.e legal rules), it is necessary to use consequentialism to consider the law and other first-order reasons to make judgment. The application of consequentialism brings the judgment of media supervision and professional justice to a limited extent consistency, and the judicial timely response to the needs of social concerns, to a certain extent, it increases the smoothness of judicial supervision, but the two are naturally in conflict. The reasonable judicial supervision of media should be based on the requirement of tool rationality and value rationality in order to ensure the justice.},
 year = {2021}
}

Copy | Download

TY  - JOUR
T1  - Reasonable Basis for Media Judicial Supervision Under the Scope of Good Governance of Good Law
AU  - Sun Manman
AU  - Shi Lei
AU  - Wang Yilin
Y1  - 2021/07/10
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210403.11
DO  - 10.11648/j.ijls.20210403.11
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 159
EP  - 164
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210403.11
AB  - Good governance of good law are the substantive rule of law, not only need the law to be good law, but also need the legal governance effect to be good governance. The key to achieve good governance of good law is the strict adherence to law, also need to assist in fair and democratic governance. The philosophical methods of judicial trial under good governance of good law is "Legalism-led Consequentialism Supplement", When there is a legitimacy crisis arising from the second-order reasons (i.e legal rules), it is necessary to use consequentialism to consider the law and other first-order reasons to make judgment. The application of consequentialism brings the judgment of media supervision and professional justice to a limited extent consistency, and the judicial timely response to the needs of social concerns, to a certain extent, it increases the smoothness of judicial supervision, but the two are naturally in conflict. The reasonable judicial supervision of media should be based on the requirement of tool rationality and value rationality in order to ensure the justice.
VL  - 4
IS  - 3
ER  -

Copy | Download