Research On The Judicial Credibility

It is clearly proposed in the party’s18that we should increase the government credibility, the business credibility, the public credibility and the judicial credibility. It’s the first time for the party to ask for strengthening the construction of judicial credibility standing on the height overall-work of the party and the national strategic, which is a higher level and a more urgent requirements for us to improve the construction of judicial credibility.Judicial credibility is a dynamic, balanced and mutual trust&evaluation between the judiciary and the public. It has a dual dimension, which is not only reflecting the ability to win the recognition and the trusting of the public, but also reflecting the degree of respect that the public trusting in the judiciary. Honesty is the basic morality to the market, and it is also the premise and foundation of the harmonious society. After the formation of the socialist legal system with Chinese characteristics, strict enforcement and judicial justice becomes to be the focus on building the rule of law, more and.more people seeking legal protection once they meeting the social conflict, contradiction or dispute, so, justice becomes to be the teeth of the storm, which attracts the attention of the whole society. All above ask for the judicial credibility. It is deter minded by the following two aspects to the judicial credibility. The first one is "Justice between people", that is to say the people’s general value evaluation. The second one is "We need a hard", that mean that justice must comply with the general value of the social evaluation. Justice must let the people in each judicial cases all feel justice, and Justice must strive to achieve so that the people in each cases have felt this judicial justice. Only the judicial credibility can stimulate people’s hearts "true justice" urged the "fair", but also to promote judicial efforts to pursue every legal cases and achieve this "really fair to the people".The purpose of finding problems is to solve it better. To solve the problems in the construction of judicial credibility better, we should establish a scientific and reasonable standard to judge the judicial credibility first. As a measure of value and a value criterion, we must insist on the unity of quality and quantity evaluation criterion in order to make a scientific and objective evaluation on judicial credibility. Judicial justice is the qualitative criterion on judicial credibility, which is based on the independence of the judiciary. Judicial justice includes substantive justice and procedure justice. Substantive justice is also known as result justice, it requires the judges to judge the case must be based on the facts, and it requires the judges to explain the law accurately to ensure the law applied is proper. Besides, it requires the same sentence and justice in every case. Procedure justice requires the judges to insist on the principle of legal procedure, procedure neutrality, procedure equality, public procedure, procedure participation and procedure timely, in order to protect the litigants’rights and to make an objective and fair justice. The satisfaction of the public is the quantitative evaluation criterion on judicial credibility, it showed by public’s firmly belief in the law and justice for the people. The public’s firmly belief in the law requires the public must have stronger legal consciousness, establish and practice the legal supreme idea, have positive law abiding spirit, it requires that the law we believed is good and harmonious. Justice for the people requires the court making justice timely and efficiently, enforcing the judicial judgment strictly, toughing on crime, providing judicial convenience, reflecting and implementing the law guiding role fully, solving the problems for people actually and completely, promoting the all-round progress of the social and the all-round development of the people.Establishing standards is to provide guidance to solve the problem, establishing evaluation criterion on judicial credibility is to enhance the credibility of our judicial indicates feasible direction. We should adhere to the principle of "in and out" to enhance the judicial credibility in China. Strengthening the judiciary to win the public’s trust and respect from the "inside" through improving relevant institutions dominated by the Courts and judges, improving the public’s trust and identity in the judiciary from "outside", by increasing awareness of the law and legal capacity and ensuring the healthy operation of judicial power. Specifically, we should enhance the capacity of the judiciary to win the public’s trust and respect through "inside" by improving the management mechanism of the trial court and the judges, by reforming and improving the system of judgment documents and by improving the sentenced answering system, etc.In short, we should insist on the unity of quality and quantity evaluation criterion to establish a scientific and reasonable standard to judge the judicial credibility, and we should adhere to the principle of "in and out" to enhance the judicial credibility, strengthen the construction of judicial credibility, enhance the judicial credibility further, thus, it can contribute to the credibility and beauty of Chinese society building.