Yanlin DU (Jilin University, China)
Originally from Sichuan Province, China, Yanlin Du is a Professor of Jurisprudence and Ph.D. Supervisor of Jilin University, employed as Director of Key Reach Base of Humanities and Social Science of Ministry of Education of China- Theoretical Law Research Center of Jilin University, Director and Chief Scientist of Cooperative Innovation Center of Judicial Civilization of China, and Vice Dean of Law School of Jilin University. He was a Visiting scholar of Cambridge University from 2015 to 2016, and is honored as Young Changjiang Scholar of the Ministry of Education of China, Executive Director of the Jurisprudence Research Society of China Law Society, Executive Director of the Dong Biwu Legal Thought Research Society of China Law Society, President of Jilin Province Jurisprudence Research Society, and 5th Legal Advisor of Jilin Provincial People's Government. He is also a key member of the 985 National Philosophy and Social Science Research Base, and a key member of the National Legal Theory Teaching Team of Jilin University.
Since 1999, more than 80 articles by professor Yanlin Du have been published on nationalized journals such as the leading journal in China Social Sciences in China, among which nearly 20 papers have been excerpted from authoritative journals such as Chinese Social Sciences Digest, Xinhua Wenzhai, China University Academic Abstracts, and China Social Science Excellence(Jurisprudence and History), which has generated a positive academic impact all over the law field in China. Since 2001, he has presided over or participated in more than 20 research projects, including the MAJOR and KEY projects funded by the National Social Science Fund of China, the Ministry of education, the Ministry of Justice, and the Central Propaganda Department.
The Chinese Interpretation to Judicial Fairness and Justice
(To be revised)
Yanlin DU
(Theoretical Law Research Center of Jilin University)
Abstract: The Chinese interpretation to judicial fairness and justice is an important part of the Chinese modernization of rule of law. Generally, it has gone through Western development and evolution that from substantive justice to formal justice, and finally to the ethic of “letting the people perceive fairness and justice in every case”. This process is one that constantly accepts the Chinese introspection of fairness and justice, and constantly rectifies the deviations, tries and summarizes experiences and lessons. Therefore, this process is also a process that adhering to fairness and justice, constructing after destructing, and constantly from thin to thick transforming based on practice. What is more, this process is a process of "Two Combinations" and "Two Innovation”. In the new era that digital technology enables judicial fairness and justice, the Chinese pattern of judicial fairness and justice should, in a sense, also be based on a new historical foundation to achieve the reconstruction of national forms in the pursuit of fairness and justice. For China, which has a rich cultural tradition of "Ontology of Emotion" and "Loyalty and Forgiveness", this not only provides the latest ideological resources for reflecting on the internal limitations of Western modernization of rule of law, but also provides the most profound ideological inspiration for Chinese people to transcend the theoretical presupposition of "Emotion/Reason Dichotomy", and find a Chinese modernization of rule of law that is suitable for the Chinese national situation, which can be described as the re-enlightenment of rule of law: "No Hesitation" when confronted with emotions. Emotion should become one of the focuses of attention in the Chinese modernization of rule of law.