As an important component of the modern national governance system
the core of judicial governance lies in the effective realization of the social function of justice. The social function of justice refers to the court’s ability to resolve social disputes and implement public policies through the use of its litigation status and the influence of typical cases. Influenced by the social demands of the transition period and the modernization model of the rule of law in China
the judiciary and other modes of social governance have been mixed and blended
resulting in the generalization and abuse of the social function of the judiciary
which is mainly manifested as follows: first
the social function of the judiciary has been generalized and understood as the social effects of the judiciary; second
extra-case factors interfere with the judiciary in a more subtle way; third
social change has brought about obstacles to the operation of the traditional mode of judicial governance
which is also a major challenge affecting the effectiveness of judicial governance. The main solutions to this problem include adhering to the "finite doctrine" of the social function of the judiciary
using legal methods to incorporate public policy into adjudication
and improving judicial governance in line with the goal of building a smart society.