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Judicial Satisfaction:the Paradox And Interpretation

Posted on:2019-09-28Degree:DoctorType:Dissertation
Country:ChinaCandidate:X LuoFull Text:PDF
GTID:1366330596962060Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Judicature is the guarantee of the rule of law and the last barrier to safeguard the people's freedom and realize social justice.Judicial satisfaction evaluation aims to drive judicial justice and provide a vane for social insight into judicial fairness and justice.The evaluation subject determines the credibility of the evaluation.Based on the people-centered ruling philosophy,third-party evaluation of judicial satisfaction has special significance.Further,comparing and analyzing the results of third-party evaluations with the internal evaluation of the judicial system is the driving force for discovering problems,improving judicial work and social perception,improving the judicial image,and pursuing judicial justice.This thesis deals with interdisciplinary subjects such as law and public administration.Using normative analysis,quantitative analysis and other methods,taking Guangdong Province in 2017 as an example,it constructed an internal and external evaluation index system for judicial satisfaction.The empirical evaluation found that internal evaluation was at a high level,reaching “excellent” level,while third-party evaluation was at the edge of “passing”.The contrast between the two was obvious,and the difference can also be regarded as "paradox." The reasons were: First,the judicial injustice and lack of transparency,including frequent cases of judicial corruption,low professional level of judicial personnel,ineffective judicial process and weak judicial assistance;second,the imperfection of the judicial system and the restrictive mechanism,mainly reflected in the "localization" of the judiciary and the "administrative" of the judiciary,insufficient trial independence and lack of supervision and control mechanisms;third,different preferences of different evaluation subjects.The internal evaluation subject had an internal driving force to exaggerate the "performance",which led to distortion of the evaluation results;fourth,systematic errors caused by survey technology and survey resources in the public satisfaction survey;fifth,the influence of judicial beliefs and social culture,especially the lack of legal beliefs,the overall decline of social integrity,and the network of negative judicial information,which had reduced the public's perception of justice.At the same time,research showed that the contrast between internal and external evaluation results weakened the legal beliefs of the public,increased the cost of social transactions,delayed the realization of the goal of the rule of law,and had a negative impact on the reform and opening process and the modernization of country governance.Therefore,it is imperative to deepen China's judicial reform,build a fair and just judicial system,optimize the business environment,respond to the public's prayers,improve judicial satisfaction,and narrow the results of internal and external evaluations.As a concrete countermeasure,it is necessary to strictly manage the party,strengthen system construction,severely punish judicial corruption,expand judicial information disclosure,and raise the level of specialization of grassroots judicial personnel.The innovations of this thesis: First,strengthen the awareness of the problem.This thesis chooses a new perspective,start from the "paradox" of internal and external evaluation results,quantify the phenomenon,and analyze the causes and effects;second,based on the first-hand materials,based on the large-sizes sample survey results of independent third parties,it enhances the relevance of the argument.However,the analysis of the relationship between judicial satisfaction and judicial justice,and the internal evaluation quantitative standards are not comprehensive enough and need further study.
Keywords/Search Tags:Judicial justice, Judicial Satisfaction, Internal Evaluation, Third-Party Evaluation, Results Paradox
PDF Full Text Request
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