On The Realization Of Judicial Credibility

As the subjective assessment of judicial activity,public trust for justice affects the shaping of social order and the integration of social trust.Yet there is lack of spontaneous logic in the transformation from the tradition to modernization in our country,which lead to the absence of social trust and political trust.In this case,studying judicial credibility is of great importance.At first,at the political level,the19 th national congress in 2017 asserted that the social principal contradictions in present stage in china has translated into the contradiction between ever-increasing demands for higher life of our people and uneven and inadequate development.The incremental portion of the higher life of our people mainly includes democracy,rule of law,equality,safety and so on,which demonstrates that the legality foundation of being in power for our country has transformed from the order of life needing adequate food and clothing to the order of social fairness and justice.As the final perimeter of social justice,whether or not to let the masses experience judicial justice in every case in the administration of justice has a direct bearing on the political trust of people.Therefore public trust on justice possess profound politically significant.Second,at the social level,the dissemination of web information and the growth of public rational knowledge helps citizens to pay attention to political participation and whether justice is done or not more and more.As the the discourse pattern opposed to the political discourse,the social discourse has obtained discourse power in the process of decentralizing information.Taking this as a juncture,people begin to express justice and appeals.People express appeals by justice because of its open proceeding and fair appearance.Thereby the systematical communication between country and society is taking shape gradually.which confer justice upon bright social significance.Third,at the legal level.there is so much legal text and judicial system in our country introduced from western countries which has advanced legal system.There is tension between overseas resources and tradition inherited from our fathers inevitably.And western political idea supporting their legal system is different from the political system in our country.So we should communicate political ideology and public opinion or public reason by the medium of legal discourse in judicial proceedings and make up socialist judicial system withChinese characteristics,which confer justice upon realistic social significance.Exactly because of epochal significance and political function of judicial credibility,the Communist Party of China attaches great importance to judicial credibility and judicial fairness and has drawn out the policy to push judicial reform continuously for the past many years.Judicial credibility is playing more and more important roles in the system of political discourse.But in contrast with the continuous judicial reform,the judicial credibility still needs to be improved.The conflicts of public opinion and judicature arise frequently,and the object of judging by people not only points to the legal discourse in the judicial proceeding but also points to the political ideology behind the legal discourse.Judicial system in our country is deeply marked by political power from the day of building and has enormous ideological overtones different from detached position in western countries.When judicial credibility is influenced by ideology,the theoretical circle advocates to depoliticize and require independence and self-government in the judicial proceeding in view of legal certainty and judicial neutrality.Yet,we should devote ourselves to grope how to exercise political mission to response to the need of society and fulfill justice to guarantee legal certainty at the same time in the judicial proceeding whether we proceed from actual conditions in our country or follow judicial rules.This is just the study purpose of this essay.In fact,the topic of legal certainty has been studied as a centre of excellence in the present academic circles at home and abroad continuously.The academic mainstreams in the west including the natural law school,analysis law science and social school of law have gotten into an intense and durable argument against the openness and closeness of law system.The social practice in the recent years indicates that judicial proceeding could not exist alone separating from social environment entirely.In the evolution process from autonomous law to responsive law,the question about whether legal value in legality was followed or not caused new dispute while judicial proceeding responded to social problems.Law of criticism,realistic school of law and even post-modern jurisprudence all pointed out the ideology hid in the judicial decisions which was thought to diminish judicial fairness.The critical perspective held by former theories is inspiring over legal certainty.Compared with the study of overseas,the research results are plentiful and brilliant in our theoretical circles on judicial credibility.Many deep and original ideas have been issued on the improvement of judicial procedure,the building of judicial system and the changed ofjudicial concepts.But current study mainly keeps an eye on the internal structure of judicial procedure and external perspective was liable to be ignored.Even though there is the study that took from the the relationship between politics ans justice,yet the contradiction between the two was mainly paid close attention to,the field of view of communicating legal discourse and ideology was ignored too.This essay regarded judicial credibility as the object of study,put judicial credibility on the field of view of communicating legal discourse and ideology,took the conflicts between public opinion and justice as a key,coordinated the research approach of philosophy of law and legal sociology and historical research,thought back upon the reason of the lack of judicial credibility.pointed out the main question on communicating judicial credibility and public opinion,referenced the theory of social systems theory fabricated by Niklas Luhmann,put forward the conditions of realization of judicial credibility.This paper has discussed leaf by leaf revolving the theme from six aspects.At first,this paper pointed that the cause of conflicts between public opinion and judicature lied on the political ideology sloping over beyond the mark of the judicature by inspecting the conflicts of public opinion and judicature.Generally speaking,the cause of the conflicts between public opinion and judicature is due to the partial and unwise.After doing a survey of the typical cases in practice,we found the conflict between public opinion and judicature should owe to political ideology sloping over beyond the mark of the judicature which led to the judicial decisions violating the modular legal principles and usual moral cognition.When the legal discourse can not uphold justice but justify political ideology,a series of confusion would arise in the judicial procedure.Second,this paper clarified the theoretical connotation of ideology and legal discourse and constructed the roads of communicating one and the other guided by the question of how the ideology should communicate with legal discourse.Although legal discourse and political discourse belong to different type of discourse,yet political discourse and legal discourse possesses the possibility of fusion because of the connections between political ideology and legal ideology.But when political ideology in the form of political discourse strives for leading people's spiritual world,should the means be took of drawing up legal text,making judicial policies,measuring in judicial proceeding,adopting judicial mediation,and so on.Third,why judicial reform politicalized in China in view of ideology led legalnihilism was analyzes based on the theoretical principle of the roads of communicating legal discourse and ideology.Although judicial proceedings was politicized overall in the revolutionary base areas and in the early days of foundation which satisfied the political needs of that time,yet law instrumentalism has hidden in the judicial process.Judicial specialization had been started,but the needs of the political power for the legal system reduced which resulted in legal nihilism at last.Fouth,why judicial specialization in view of the ideology of reform began to change to judicial politicization based on disclosing the historical lessons of legal nihilism.The Communist Party of China improved the way of leading justice,and judicial specialization has been started since the reform.But the judicial reform centering on the justice and the court resulted in the powerlessness of judicial proceeding in response to the social needs,which led that judicial reform to judicial politicization.Because of this legal men worries the possibility of the adjustment of judicial policy damaging judicial fairness.It must be noted that confusing judicial politicization and political judiciary not only is detrimental to find out the solution to the question but also complicate many questions.It's inevitable and necessary that the political ideology exists in judicial proceeding.The essential thing is to equal with the fusion of the politicization of justice and judicial specialization.Fifth,If we want to keep the politicization of justice and avert judicial specialization,the leading role of legal discourse should be played in the judicial process,by which to communicate ideology and public opinion or public sense.There are two questions needed to be treated seriously at the present time: one is the unity between the leadership of the Party and judicial authority,the other is judicial authority and traditional authority.The rise of the masses discourse has challenged the political discourse.The legal discourse can be regarded as the medium of political ideology and public opinion,so public trust for justice possesses political significance.Not only need we to complete the way of the party leading judicature but also to fuse judicial authoritativeness and traditional authority.Sixth,Guided by the problem of how legal discourse play the leading role in judicial process presented in the preamble.This paper referenced the theory of social systems theory fabricated by Niklas Luhmann to discourse the structural touch between political system and legal system.Taking which as a premise,this paper clarified six conditions of the realization of judicial credibility.According to the theory of social systems theory fabricated by Niklas Luhmann,legal system is anindependent system of function in society,political system was relied on by legal rules which remained steady in the reform.There is structural touch between political system and legal system.To improve judicial credibility should achieve the independence of the trial,judicial indifferent,judicial impartiality,transparent judiciary,judicature incorruptibility,judicial efficiency.We must face executive well-regulated political activities to impel judicial reform and the rule of law reform.At last,summarize the whole paper to give a sketch of the study conclusion and put forward open problem.The judicial proceeding should not break away from the political guidance of ideology.But considering the legal certainty and the realization of public trust for justice,we should maintain the independence of the judicial process and the structural touch between political system and legal system.Besides,when we comprehend judicial experience we should abide judicial principals to avert arbitrariness and secularization.