An Outline On Judicial Legitimacy

In modern society,the concept of Judicial Legitimacy,which is deep in connotation,has increasingly drawn people's attention.To further study the issue of legitimacy is beneficial to us exploring the theories and systems in a deeper level that are beyond specific and individual phenomenon.In the level of practice,legitimacy is the fundamental problem of modern society.Only by taking this issue seriously can we establish a reasonable social or public order.This thesis holds that legitimacy is crucial to the judicial power.To conclude,the judicial power is not merely an existing power or a means to settle controversies,but it should claim legitimacy.To put it another way,to obtain legitimacy is the nature of judicial power.To be specific,from the point of judicial participants,to acquire legitimacy is the main concern when they file a litigation;from the point of judges,to realize legitimacy is their basic responsibility in rendering verdicts;form the point of scholars,to illustrate legitimacy is a deeper reflection of the judicial power.This paper endeavors to bring such important concept as legitimacy to the judiciary,and to expand and reestablish the current judicial research through the application of this theory.Finally,an outline of judicial legitimacy is hopefully sketched.In this paper,the first chapter deals with the relative issues of judicial legitimacy;the second,third,forth and fifth chapters are subdivisions on "theoretical basis","theoretical construction","institution of materialization" and "case justification" respectively so as to further illustrate the issue of judicial legitimacy.Apart from the introduction part,this paper has five chapters.The introduction part introduces the reason of wring,the methodology and references.The first chapter is a general illustration of judicial legitimacy.It aims at extracting and purifying this concept and demonstrating the reason why the legitimacy issue and the judicial power shall be linked and related.Then the judicial legitimacy is researched upon in the aspects of both form and substance.The second chapter is about the theoretical basis of judicial legitimacy aimed at clarifying the inner relationship of the judiciary and the participants.Only through revealing this inner relationship can we prove how can the judiciary claim its legitimacy when facing its participants.In this way,the theoretical foundation is enhanced.The third chapter is on the theoretical construction of judicial legitimacy.This chapter illustrates the meaning and connotation of judicial legitimacy,or to what extent does the judiciary own its legitimacy.Although people generally agree on the legitimacy of judiciary,they have different standards.The chapter further establishes the opinions and holdings of judicial legitimacy in theory.The forth chapter is on the institution of materialization of judicial legitimacy and the fifth chapter is on the case demonstration.These two chapters deal with one question but are from varied levels.In other words,these two chapters illustrates the relationship between norms and facts from such two aspects as epistemology and methodology.The institution of judicial legitimacy is to describe the relationship between norms and facts during the judicial process so as to reveal the general outline of realizing judicial legitimacy in a macroscopic sense.However,the case demonstration of judicial legitimacy is to demonstrate the relationship between norms and facts during the judicial process in order to show specific methods of realizing judicial legitimacy in a microscopic way.