The Research Of Judicial Public's Trust From The Social Capital's Angle Of View

The social capital involves the promotion and the innovation of capital structure which promotes economic, political, cultural and social development,and it is now an important breakthrough in the social science area and the methods. The study of social capital is an international academic hot spot which emerged from 1980's. From social capital's angle of view, this article insists taking the dialectical materialism and historical materialism as the instruction, taking our country judicial public's trust construction as the main analysis object, and taking the "trust" in judicial activity as the main line, has studied the relations between social capital and judicial public's trust, the social capital main factors which influence judicial public's trust, and the paths to promote judicial public's trust by making use of social capital. This research is not only the extension of the research method in the sociology of law, but is the new angle of view of judicial public's trust research as well, and this research extends the area of social capital research.This article first analyzes "social capital", which has been taken as an angle of the research. Through the discussion about capital concept's meaning vicissitude and the capital theory's historical evolution, this article has analyzed the development track of capital concept, the producing backgrounds , the forming vein and the development to capital concept of contemporary human capital, cultural capital, social capital concepts,etc..Then the article summarizes several representative definitions about social capital of the domestic and foreign theorists, and analyzes the social capital's essential features, the general constitution, the predominant types and the functions. And then briefly introduces the social capital theory development conditions. The aim to do these things is to lay theory foundations to research judicial public's trust from the social capital's angle of view. Then, this article analyzes the relation between judicial public's trust and society capital from three logic levels of the judicature, trust, judicial public's trust. On the foundation of the analysis about judicial connotation, the article has proposed that judicature action is the social capital relief production. Through the analysis of the definition and the importance of trust, the definition of public's trust and judicatory public's trust, the article has proposed that the trust is the common association of social capital and judicial public's trust. Through the analysis of judicial public's trust attributes, types, the value as well as the evaluation criteria, the article has proposed that, as the judicial credit and the trust ,the judicial public's trust is also a kind of social capital. From three logic levels,the article has revealed the close relations among the social capital and the judicature, trust and judicial public's trust.According to the research of Putnam and other authors and the characteristics of judicial activity, this article has put forward five important social capital factors influencing judicial public's trust, which are the social cognition, the norm system, the relation directions, the trust-obey degree, and the relief efficiency. In the end,the article has put forward the paths which makes use of social capital to promote judicial public's trust from two angles of judicatory's credit to public and the public/the parties' trust in judicature. On the one hand,we should promote judicial credit through the judicial justice, high efficience and authority. These ways are mainly keeping justice of the entity, the procedure and judger's just relations with both parties, promoting the credit degree of judicial authority, pushing forward the judger's occupizations and improving the judicial efficiency,etc. On the other hand, we should promote the trust in judicature. In order to do this, we should macroscopically enhance the public cognition by the judical education and propaganda, carry out the jury system to enhance the judicial democracy, and promote judical transparence. We should also microscopically break the ruin of both parties' trust in judicature by the judger's relations difference between them, build good lawsuit atmosphere, and promote both parties' obeying to the judgement without win or defeat.