On Construction Of Trust In Law In Contemporary China

Since the second-half of the 20 th century, the uneasiness caused by modernity makes the deficiency in trust spread in every field all over the world, thus becomes the global project. In addition to the trust crisis in society, the deficiency in trust has become the key factor in restricting the process of legal construction. This reflects a paradox in the process of legal construction in our country, that is, the great practice of promoting rule by law comprehensively needing public trust thus has the divine authority. However, in reality, the law is not only without authority, but also without trust. The public don’t believe in law, and they don’t observe the law, either. The phenomenon of breaking the law is serious. It is not unusual that the law-executor abuses power for personal gain, deliberately breaking the law, and even producing the cases in which people were unjustly charged. In addition, there is no theoretical response to trust in law in Chinese academia, so there is no theoretical support for the construction of trust in law. The lack of profound theoretical interpretation can’t provide theoretical support for the construction of trust in law. Therefore, how to construct the trust in law is not only the big issue of law construction in China that we can’t avoid but also an important theoretical subject.This paper is a comprehensive interpretation to the issue of the construction of trust in law. The interpretation revolves around how to construct the trust in law in our country. Centering on this subject, abiding by the universal law and inherent logic that human beings recognize substance, we need to answer the questions, in turn, as follows, “what is trust in law?”, “what is the mechanism of the construction of trust in law?”, “why do we construct the trust in law in contemporary China?”, and what are the ways of constructing the trust in law in contemporary China?”. The answers to the questions above-mentioned constitute the main logical clue progressively. Among the questions mentioned above, the most basic and the key issue is the exposition to the mechanism of the construction of the trust in law. As long as we understand the mechanism thoroughly, we can find the feasible orientation and effective measures for the construction of contemporary Chinese trust in law, thus avoiding being at the opposite poles.This paper uses the methods of structural functionalism to analyze the connotation of the trust in law from static and horizontal level. Differing from other scholars who interpret the trust in law from the perspectives of social behavior, social action and the relationship system, this paper defines the trust in law as human beings’ social psychology and behavioral tendency which is not only the psychological reflection of the interactive relationship between law person and the law system directly or indirectly in particular environment but also a kind of trust form with distrust. Besides, the trust in law is also a system with its own subject structure, object structure as well as environmental structure. The trust in law as a kind of micro-psychology is relevant to individual psychology as well as macro-structure. This paper also puts forward the analytic framework that the subject and the object of the trust in law can conform to the requirements and the expectation of trust in law and the expression of trust in law.To grasp the connotation of the trust in law is to answer how to construct the trust in law from a dynamic perspective, namely, to reveal the mechanism basis of the construction of the trust in law. Because trust in law is a sort of procedural trust as well as a kind of trust form containing distrust, to reveal the mechanism of the trust in law should be established in the dynamic process of the function of law, and we should also examine it along with the structure elements of the trust in law. Based on the formation of comprehensive trust which derived from the generation of cognition, rational selection, system building and the system of cultural cultivation, this paper puts forward the pattern of the comprehensive interpretation, namely, the agreeable mechanism in the construction of the trust in law. This agreeable mechanism in the construction of the trust in law refers to that in the process of law operation, namely, law legislation, law enforcement, jurisdiction, law-abiding and legal supervision, the trust psychology of the subject can be generated in the interaction with the object of trust and environmental structure through the law input(expression of interests), input conversion(law legislation), the result of the law input and the feedback of the result. This process reflects the inherent conjunction between the generation of trust in law and the operation of law. Besides, from the two-factor perspective of the interpretation of trust, this paper also interprets the systematic distrust mechanism in the construction of trust in law containing in the modern forms of trust in law. It reveals the general logic of the construction of trust in law from two aspects.Yes, academic research should focus on metaphysics and probe the universal principles; however, it should pay more attention to reality to reveal the practical logic of things. To reveal the generation mechanism of the trust in law is to go back to Chinese reality in response to the subject of how to construct the trust in law theoretically in contemporary China. In order to complete the above-mentioned task, we must examine why contemporary china needs to promote the construction of trust in law. This paper focuses on the historical form of trust in law and expounds the historical necessity of the construction of contemporary China’s trust in law from the perspective of macro-history and the transition of contemporary China. Based on the reality of contemporary China, it points out that the deficiency in trust in law in transitional period of China originates from the facts that the structural elements of trust in law are not optimized and we lack the effective mechanism to advance the construction of trust in law and then the paper signifies the factual tendency of the construction of trust in law in contemporary China. We also answer to the dynamic elements of the construction of trust in law in contemporary China from historical and reality dimensions. Then we should focus on the broad field of the construction of trust in law in contemporary China to reveal and answer the important theoretical and practical project: “how to construct trust in law in contemporary China”. So based on the argumentation of this paper, that is, firstly we employ the structural functionalism and the theory of agreeable mechanism in the construction of trust in law to expound how to construct trust in law in contemporary China from the dimensions of subject, object and the optimization of environmental structure. Secondly, based on the two-factor theory of the interpretation of the trust in law, we put forward the preliminary conception that we integrate the systematic mechanism in distrust to construct the trust in law in contemporary China. Thirdly, according to the practices of law system in China, we bring forth the breakthrough points in the construction of trust in law in China, that is to promote the judicial reform and to improve the judicial credibility. The growth point of it is to promote citizens to participate in the process and the key point is to enhance the index of the law administration and the level of law administration. Its foothold is to promote the generation of the psychology of the trust in law in law person. Finally, it tries to establish man’s trust in law in the interaction of man and law as well as the trust relationship among men with law as intermediary.The thesis studies the construction of trust in law in contemporary China, and the innovative points are as follows: firstly, it is the study of the constructional mechanism of trust in law. Based on the integration of cognition, rational selection, cultural cultivation and systematic mechanism, the thesis puts forward the agreeable mechanism in the construction of trust in law that is the comprehensive interpretation mode. Also from the two-factor theory of interpretation of trust in law, the thesis puts forward the systematic distrust system in construction of trust in law, revealing the universal logic of construction of trust in law. Secondly, it’s the study of structural elements of trust in law, constructional mechanism, traditional and modern forms and the ways of the trust in law construction in China, which shows clearly the integrity of the static structure, dynamic mechanism, three-dimensional forms, and comprehensive construction of trust in law. It is helpful to grasp trust in law from an overall perspective. Thirdly, the revelation of the historical and reality background of the trust in law construction, the interpretation of the problems about the routes of constructive functionalism of the construction of trust in law in contemporary China, systematic distrust mechanism and the starting point shows strong pertinence. Fourthly, it better employs the methods of structural functionalism; the research of the structure and psychology of trust in law embodies the combination of macro and micro analysis. Also, the transition of the forms of trust in law and the study of the construction of contemporary Chinese trust in law reflects the integrity of synchronic and diachronic analysis. At last, the study of the structure and function of trust in law, the study of construction mechanism, the transition of the form and the ways of construction of contemporary Chinese trust in law shows the combination of static and dynamic analysis.