Judicial Credibility Of The Research, Under The Socialist Market Economic System

The hot topic judicial credibility has been concerned by more and more people. The judicial credibility is the esteem and recognition of public citizens for judicial body, judicial proceeding, operating and its decision, and it is the believable conditions which built up in the mind of citizens. Credibility for justice is just as belief for law. The law without belief can not really work. The short of credibility of judicature will not have authority and come into force, also can not build up its equity and social justice. Credibility is the inner logical requirements of judicature and it should be the guaranty for judicature to work. This article made the deep study about the concept, the characteristics, the elements and the judgments of judicial credibility from the beginning of dialectical relations between socialism market economic system and judicature. The author empirical analyzes the present situation of judicial credibility construction in China, promote the general conception of judicial construction and try to study the one in minority areas of China.For the concept of judicature, the academic fields have their own different opinions. In this paper, the author thinks the judicature should be the law suit activities of the court proceeding by his authority, and it should be composed by judicial power, authority and judicial credibility, with the characteristics of terminality, independence, natural feature, negatives, negotiable, multi-participates, specific and specialization. Credibility means the ability which the subjects of public rights can obtain the trust through the public affairs, and the reorganization of the public citizens for the public rights. Judicial credibility is the condition or the social phenomena which the publics heave trust in and recognize the jurisdiction and its decision, then obey and esteem. It is a kind of dynamic and balanced trusting communication and evaluations; also it shows the degree of trust and esteem of publics. Judicial credibility has the characteristics of alternation, openness, systemic, resource and validity. It is the important basic of the modern nomocracy country, the way to constitute the steady social order, promote the judicial efficiency and save the trial resource, is the magnitude act to perfect the invest surroundings. Judicial credibility is the ability of judicial power to win the public trust and reliant by its constraining, sense, self-restraint and judicial eliminating. It is shown as the following aspects, the publics be used to find the public relief in judicial offices; the judicial department has their own rights to exert, and only based on the law and axiom to made the justice judgments; the publics respect the efficient decision, and perform the judicial decision self-motional and immediately. There are two criterions to evaluating the judicial credibility; one is justness, it is not only the value elements to influence the judicial credibility, also the primary criterion to evaluate. Another quantum criterion is judicial satisfaction which means the satisfactory degree of publics including the satisfaction for proceeding, decision and executing. This is to quantize and stat the situation of publics' legal consciousness.The judicial credibility need the theoretic demonstration and support to evolvement. In the view of philosophy, the base of judicial credibility should be promoted by persisting in the world view of seeking truth from the facts. To persist overall consideration as its philosophical rule, and adhere people oriented to its philosophical principle. In the point of economical view, to analyze the judicial credibility with the theory of supply-demand to obtain the optimal of judicial supply, to lower the suit cost and constitute the multiple dispute resolution mechanism. By the way of cost-benefit theory to analyze the judicial credibility, confirming the basic principle of suit economics, distributing the proceed of case inquisition, decrease the judicial cost and optimize the distribution of judicial resources are the way to get the integrating optimal of judicial cost and benefits. With the theoretical angel of economic-man, it should limit the judge to perform his rights illegally with the rules and proceed, should enforce the training work of judge's legal conscious and build the high effective and honest staff to control the rational stink of economic-man by rules and lead its ration of self-discipline by advancing the judges' quality.By the data analyzing of practical inquisition, the satisfaction of publics for judicial situation is quietly weak, and the judicial agency has not build the due confidence in their mind. It is shown as following points, the lower professional credibility of judges, the lower managing ability of the court, the lower judging ability of the court, the little confidence of judicial proceeding and the lower executing credibility of the court. The inner reasons of credibility absence are the unfair of judicature, the low efficiency, the dishonest, the poor general quality of the staff and seldom opening for the public. The administrating of judicial mode, the localize of judicature proceed, the utilitarianism of judicial activities and un-standard internal and external supervising mechanism are the systematic reason of judicial credibility absence. The short of social legal culture details is also the important reason of judicial credibility absence, which demonstrated as the shortage of public's legal tradition and concept, the party's unilateralism misrepresent and misunderstanding, incomplete of social legal system and the high expectation of the citizens for judicature.To push the construction of judicial credibility should persist in the idea of serving for people, pay attention to promoting the consciousness of serving the publics, to relief the public's rights with active attitude, to mitigate the burden of publics with the good service, to ease publics' worry with high efficient inquistion, to guarantee the publics' rights with fair judgments, and help the publics' will with powerful execution. The systemic base of judicial credibility construction is to push the independence of judicature. It should weaker the administrative management for judges, reform the localizing of judicial rights, achieve the inner dependence of judicial department. Advancing the quality of the judges is the core content to construct the judicial credibility. It should be build and perfect the serious employing institution of the judges, develop the continuing-study system of the staff, perfect the punishing and lessoning rules, institute the scientific managing system for judicial staff, and promote the professional skill and ethic construction. And try to organize a group of judicial staff with the quality of firmly obeying for the party, highly mastering of the professional skills, serious disciplining, good behaviors and high quality. The inner demand of judicial credibility construction is to reform the adjudging mechanism. It should reform the opening mechanism of adjudging proceed, build and perfect the adjudging efficiency mechanism, build the scientific managing mechanism and quick the working mechanism of execution. Optimizing the judicial surrounding should be the external guaranty to construct the judicial credibility. It should arrange the legal relationship between the court and party agency, the NPC system, the government and the prosecutorial office. It should to arrange the relationship between the court and the medias and try to build a perfect social base and atmosphere to maintain the judicial credibility.In minority areas, we should pay attention to the particularity to enhance the construction of judicial credibility. The judicial agencies in minority areas have their own particularity except the common characteristics which the judicial agencies in other regions of China. The particularity of judicial agencies in minority areas can be concluded in following four points. One is the backward economic situation of these areas, and the serious shortage of monetary guaranty. Secondary, the weaker consciousness of the publics in minority areas for the social legal system, and they have been deeply influenced by the religious belief. The third, the nature condition is so poor there, the flow and loss of the qualified personnel is serious. The forth, the executing of judicial test will seriously influence the system of judicial staff management. To solve all the problems mentioned before, the six suggestions should be adopted. To quick the economic development of minority areas and enforce the monetary sustain for the judicial agencies. To build and complete the adjudging system, according to the characteristics in minority areas. To accurately carry out the particular criminal policy, ensure the harmonious and stable development of the autonomy areas. To publicize the minority's religious policy and legal policy, train the legal belief of the minority nationality. To explore the qualified judicial staff, promote the quality of judicial staff in minority areas. To adopt the available measures, face the execution of the national judicial test positively.