Research On The Public Trust Of Judicature

The public trust to the judicature is just like the belief to the law. The law lack of the belief is nominal, judicature lack of the public trust does not form the due authority and substantial results of legal relief, hardly produce visualize of legal equity and social just also. The public trust is the request of judicial intrinsic in logic, the natural meaning of the topic and its vitality guarantee, therefore the reform in the judicial system must take the construction of the public trust as the goal. According to the above-mentioned understanding, this text from analyzing concept and characteristics of judicial public faith force to commence, analyzes the judicial public faith force of our country to descend and reason of imperfection, and how rebuild the our country the judicial public faith force carried on the quest. The whole article has eight chapters and divides into three parts. The first part includes three chapters, the main content of this part is to explain and understand the concept including justice, jurisdiction, the public trust and the public trust of judicature, and takes it as the foundation in the whole discussion. Among them: First chapter mainly discusses the concept and its evolution of judicature and the jurisdiction, which is the premise to study the public trust of judicature because it is the core and the essential factor of judicature and jurisdiction. The author thinks that the judicial essence belongs to one kind of belief rather than right or authority. But the jurisdiction composes of the judicial power, the judicial authority and the public trust of judicature, and has the characteristic of the passivity, the ending and the extensive participation, and so on. Moreover in the different historical period the jurisdiction own operations have shown that the public trust of judicature produces with the development historical inevitability from the judicial power to the judicial authority and the public trust of judicature. Second chapter mainly reads the public trust. The author thinks that the public trust is ability of obtaining the trust when public power's main body associates with the public, and the public's psychological approval. It has its own special structure shape and the theory ownership. The public trust naturally belongs to public power while it contains the credit and the trust. It is institution society trust and a kind of resource of society credit, the public trust is the legal foundation of public power at one time. Third chapter mainly bounds the public trust of judicature in theory. The author thinks that the public trust of judicature is the concept of the dual dimension, and mainly refers to the dynamic between the judicature and the public, the balanced association of trust and mutual appraisement. Looks from the origin, the public trust of judicature emanates from the essential attribute of public power. The core part of the entrustment-agency relation between the public and power institution is the trust of the public to public power and the credit of the latter to the former, which is bilateral interactions process. In this chapter, the author studies three types of the public trust of judicature, namely the authority deterrent, the rational knowledge and the psychology approves, and six characteristics of it, namely the main body's interaction, the openness, the system, the resources and the valid. The second part also includes three chapters, this part mainly analyze the production foundation. This part is in theoretically an extension and continuation to the first part. Among them: Fourth chapter mainly researches into production foundation of the public trust of judicature. The public trust of judicature certainly isn't baseless productions, but needs a series of specific social conditions. The public trust of judicature will appear and develop step by step only if the condition as grounds possesses the possibility of being reality. The author has studied the social basis and the theoretical basis on which the public trust of judicature produces. The social basis mainly refers to dualistic separation between the nation and the society, the judicial democracy, the right culture and the market economic base under the democratic political system. And the author has mainly analyzed the theoretical foundation of the public trust ofjudicature from the view of economics. The author thinks that the public trust of judicature is one of the intrinsic stipulations of jurisdiction, and it is obvious to all that the public trust of judicature brings the huge function, the income and the risk because of no credit is a judicial cost, is also a social huge cost, but this kind of cost is unworthy to pay. Fifth chapter mainly carries on the discussion to internal constitution of the public trust of judicature. The public trust of judicature is essential attribute of the modern jurisdiction, but jurisdiction itself couldn't certainly produce the public trust of judicature. The judicial male letter strength constitution premise lies in judicial the independence. The public trust of judicature at least contains four necessary intrinsic inscapes, including the judicial judgment, the judicial autonomy, the judgment's persuasion and the judicial sanction. But the analysis of internal constitution couldn't get rid of the analysis of the constitutional premise, the independence of judicature and the standard of judgment, and recognition and understanding to judicial equity and the judicial satisfaction. Sixth chapter mainly studies the function of the public trust of judicature. The author thinks that the public trust of judicature has the society control function, the judicial authority safeguards the function and the judicial belief cultivation function. The judicature is the important part of organic constitution of society control strengthens, moreover is a kind of necessary society control strengthens. The society control function of the public trust of judicature has the certain value, which refers to the positive significance obtained when the society control function of the public trust of judicature deals with the need and the benefit of the society and the individual. The society control function of the public trust of judicature safeguards the social order, promotes society's government by law, and has the function of institution guide. Outsides the society control function, the public trust of judicature also safeguards the judicial authority and raises the judicial belief. The third part includes two chapters, this part mainly researches into the shortage of the public trust of judicature and its cause, and studies the institutional construction of the public trust of judicature in our country. The purpose that I wish to reach by discussion of the public trust of judicature liesin providing a theoretical support for the construction of the public trust of judicature in our country. Among them: Seventh chapter mainly discusses the shortage of the public trust of judicature and its reason in the contemporary China. It is true that the public trust of judicature is short in the current Chinese. We have analyzed the shortage's profound cause from analyzing the present situation of the public trust of judicature in China, also changed the practical concern from the theoretical research. The author discusses the cause of formation in the system and structure. The cause in the system mainly includes the following content in six aspects, namely that the localization of jurisdiction which is leaded to because the government controls the court; the administration of the court internal management and all levels of party committees' intervention; one government and two courtyards are hard to reach the balance; the boundary between the congress and the judicature isn't clear; the judge under system and the foundation of notion. In the transfer process of law, on one hand, the vicissitude of politic, economic and cultural provides the force for the establishment and the development of the public trust of judicature, on the other hand, also is the cause of the shortage of the public trust of judicature. Eighth chapter mainly discusses the institutional construction of the public trust of judicature. Because under the pure political moral context, the public trust of judicature has fallen into the scrape in the market economy, we only can seek a kind of institutional construction. The practice process of law is the modernization process of law, also is the irreversible process from the traditional law to the modern law gradually. Chinese society couldn't give birth to the modern law which corresponds to the market economy, democratic politics, therefore the practice of government by law must massively use for reference, absorb, even transplant western system design. In order to construct the public trust of judicature conforming to the request of the time, we must firstly establish the modern judicial idea conforming to the request of the time. Based on it, to redistribute judicial power resource causes the judicature to occupy the proper status in the power pattern, and guarantees it non-administration and non-localization; to reform the judicial judgment and the persuasive power personality carrier, judge and its system,enables the judge to satisfy the request of the public and causes the trust of the public to the judge and the judicature; To carry out the reform of enforcement system causes that the enforcement of the judicature satisfies the intrinsic request of the judicial binding force, and maintains the public trust of judicature; to reconstruct the autonomic and heteronymous system of jurisdiction makes the jurisdiction operate in according to the anticipation in theory, and causes the public trust of judicature to become the true essence and the connotation. The road of the construction of the public trust of judicature is very long and difficult certainly, therefore we need explore and practice the road gradually under the judicial reform, the rule of law and the construction of socialism harmonious society's big background, this text is only a workbook in great investigation and practice.