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On The Formation Of Judicial Credibility

Posted on:2016-04-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z J MaFull Text:PDF
GTID:1106330461968634Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
The rule of law has become the main melody of social governance, is the cornerstone ofmodern social governance. Construction of the rule of law is the main development and themost crucial step of contemporary society. Justice and the rule of law has the natural relation,Justice is the guarantee and a strong promoter for the construction of rule of law. Judicialcredibility has some main function,such as the maintenance of stable social order, promote legalstatus in social life, strengthen the rule of law consciousness of the public,and the constructionof social credit system, etc.And country under the rule of law contains characteristics such asthe social order stability,law is supreme,etc.So judicial credibility has a positive role inpromoting the rule of law construction.The judicial credibility is not created without any conditions, its formation there must be aslow process of accumulation.Study the judicial credibility, needs to explore from the root, thatis the starting from the process of its formation.In this way can we fundamentally understandthe judicial credibility, targeted to improve the judicial credibility. It is based on this, in thispaper, starting from the function of judicial credibility, based on the empirical research ofjudicial credibility, explore out the main factors influencing the judicial credibility. As you cansee, these main factors can be improved and strengthen through judicial public measures.Thenturn to the judicial public, trying to promote judicial through judicial public credibility. Throughthe study found that public can promote the judicial power of benign operation, protect therights of the parties, enhance the public’s trust in the judicial. And closely linked to the mainfactors of judicial credibility is generated, Therefore, from the perspective of judicial publicupdates from the concept of public, perfect the public platform, abundant carrier of the public,to strengthen the public security, grasp the public exception to this a few aspects to carry out thejudicial measures, in order to promote the judicial credibility and ascend.This article focuses on the theme of:explore the mechanism of judicial credibility,togenerate to justice for the gripper publicly, to promote the formation of judicial credibility,better play to the judicial credibility legal status and maintaining social stability and promotingthe rule of law concept, the function of the construction of social credit. The topic of this articlefocused on the generation of judicial credibility problem, the background of the research isbased on the rapid process of legal construction in our country, the legal status in the process ofpushing the construction of the rule of law. But as the judicial credibility should be, the situationis not very good, whether judicial work, parties or the public, didn’t have a lot of confidence tothe judicial credibility. Some phenomena against judicial credibility also abundant,the wholelevel of judicial credibility is low. In this paper, on the basis of the research on current situationof judicial credibility, sums up the main factors of influencing the generate of judicial credibility,from the main factorsto explore the ways and means of ascension to promote the judicialcredibility.This paper puts forward the core idea is: based on the theory of straw, attribution theory,mimicry environment theory, lars, 5 w theory, social contract theory and so on, research andanalyze empirical state of judicial credibility, from the judicial, the parties and the public to findout the main factors influencing the judicial credibility to generate and promote, that is the stateof judicial justice is the foundation of judicial credibility generated, the parties to the feeling ofthe judicial process is the key to judicial credibility is generated, the social public’s perception ofjustice is the judicial credibility generated important accumulation. But the study found thatpublic can promote positive operation jurisdiction, can safeguard the rights of the parties, canenhance the public’s trust in the judicial, all is closely related to the factors affecting judicialcredibility generated. Then, from the perspective of judicial public to research how to strengthenthe judicial public, and promote the judicial credibility.In this paper, the study of judicial credibility generated mainly from the perspective ofjudicial public, because in the judicial level, the judicial public can promote judicial justice,judicial efficiency, improve the judge ability, maximize the realization of judicial justice,generation to lay a good foundation for the judicial credibility. At the party level, judicial publiccan guarantee the parties’ right to know,to participate, to guarantee the supervision, let theparties trust the judicial more, feel more deeply, is the key to cumulation the judicial credibility.In the aspect of the social public, the public can build a bridge of communication with thepublic opinion, establish the public rational knowledge, cultivate the social public to the judiciallaw belief, is within the scope of judicial credibility in the society and the guarantee ofascension.About the judicial public, this paper discusses the justice of the connotation, the historicalevolution and the practice in our country, analyzes the judicial public and affect the credibilityof the generated important factors, the relationship between the research to the public justice toenhance judicial credibility, and finally, from the perspective of judicial public put forward topromote the judicial credibility generated path. Believed to strengthen the function of judicialpublic, the first is to start from the thought,that is update the concept of public, namely changepassive public to active public, change the internal public to external public, change form publicto substantial public. Second, we should have a perfect platform for the public, the trial processpublic platform, public platform, the written judgment information public platform. Third, weshould have to be rich in the carrier of the public, the advance of science and technology courtbuilding, strengthening the construction of the court from the media, expand to interact with thepublic information. The fourth, we should have to measures of public security. Namely,improving the capacity of public, strengthening the public management, perfect the system ofpublic. Fifth, we should have to grasp the exception of the public, when there is a conflictbetween judicial public and other rights,to grasp the judicial public and privacy, the public andthe maintenance national security, business secret, the judicial public and the protection ofminors, judicial and maintain the relationship between the social exclusion.In this paper, the generation of judicial credibility can be from three aspects: justice, partiesand the social public to make analysis and research, find out the relations between and among,explore the positive role of judicial public, from the perspective of judicial public generation ofjudicial credibility and promote research. Judicial credibility is a relatively abstract, largerconcept, from a starting point for research, can better to grasp, also can have a more in-depthstudy on it. On the basis of this thought, in this paper, based on the empirical research of judicialcredibility, extract the main factors influencing the judicial credibility, the relationship betweenthe public and further from the perspective of judicial public put forward to promote the judicialcredibility generated path.
Keywords/Search Tags:The Judicial Credibility, Judicial Public, The Justice, The Parties, The Social Public
PDF Full Text Request
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