In the past, a person with a grievance would often come to the gate to beat the drum to plead for justice. The “Court” at that time was not yet called a Court, but the concept of such a model with the function of protecting justice has always been there and has always been focused.
In the early stages of human civilization, justice was expressed quite clearly through the mechanism of revenge and revenge, with the principle of “fairness”: eye for eye, tooth for tooth. In the next stage, forms of compensation and fines appear to ensure the spirit of harmony within the organization. To the third stage, in order to maintain peace, order and stability of the whole society, a court institution was established to assess and assess the extent of damage, thereby conciliating and negotiating for the victims. conflicts between individuals in society. Justice and judicial justice have gone hand in hand from such historical developments.
Judicial right is the right to adjudication, which is the settlement of disputes in the name of the state, settlement of social conflicts by adjudication, through adjudication procedures prescribed by law. As one of the three branches of state power according to the principle of “separation of three powers”, the judicial power is distinguished from the legislative power (shaping policies and creating a legal basis) and the executive power (administering the state). , law enforcement, law protection) not only in content but also in implementation form and implementing agency.
Judicial right has the characteristic of independence, that is, not depending on any influence from inside and outside in the process of exercising power, the holder of judicial right or the holder of the right to adjudication must be placed in the right position. independent mind. The judicial right holder in question is none other than the Court.