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.
Highlights
Judicial Supervision of media has its legitimacy, which can promote justice, and achieve justice in a visible way
Under the background of good governance of good law, we pay attention to the value of the rule of law to ensure that the dominant position of ruleism is undoubtedly established, and it establishes the relative supplementary status of consequentialism, which makes the judgment standards of media supervision and professional justice have a certain degree of consistency in a limited range, and the justice responds to the needs of social concerns in a timely manner, to a certain extent, the smoothness of judicial supervision has been increased, and some scholars directly suggest that public opinion and public will be taken as the standard of distinguishing complex cases, so as the basis for the application of the consequential trial method [1]
The rule of law in China is a good rule of law and it belongs to the substantive rule of law, which is different from the "rule of good law" which is the substantive rule of law, and is even more different from the "rule by law" of the formal rule of law
Summary
Judicial Supervision of media has its legitimacy, which can promote justice, and achieve justice in a visible way. In order to better understand the rule of law in China, the specific interpretation of good governance of good law is as follows: First, "good governance of good law " refers to the "law" which means legal statutes It is a kind of positive law, reflecting the will of the state, and has a certain legal form created by the state. The rule of law refers to a legitimate multi - party rule of law, Party members to obey the Party Constitution is legitimate, and villagers to township regulations and common law are legitimate This means that the true meaning of "rule of law" is based on the position of "legal pluralism", which emphasizes the pluralistic governance of customary law, state law, party law, moral ethics, natural law and so on." [6] The author believes that the process of cognition is correct, but the conclusion is inappropriate. "Good governance reflects the value pursuit of substantive rule of law, emphasizing... respect for the authority of the Constitution and the law, act in strict accordance with the law, and at the same time not mechanically enforce the law, and be good at applying the law in a creative way according to the principles of law and the spirit of the rule of law, thereby compensating for the law Limitations. [10] "
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