The Production And Reproduction Of Trust In Judicial Field

In the course of building and improving the rule of law in China,for justice as an important part of the national rule of law system and national governance system,it is a problem to be solved how to make justice more in line with the needs of the people and the development of the age and society.To solve this problem,we cannot ignore the understanding of Chinese justice itself.The true appearance of judicial practice in the dimension of trust is introduced,and the trust mechanism to guarantee the effective operation of court organizations is explored in this study by making an attempt to present and interpret the trust production and reproduction of four pairs of core subjects in the judicial field of the court,according to a field investigation of the Primary People’s Court of Y city in southwest China.The production and repro’duction process of trust among "judge-party",court colleagues,"court-court staff’ and "court-external court unit" is presented and discussed in this study.During the discussion of each trust relationship,it is needed to answer the following three questions:How is the trust relationship between subjects established in the judicial field of the court,and which factors will affect the process of trust production?What structural characteristics will be presented in the trust relationship to maintain its reproduction after the interaction of subjects under a specific system,culture,and structure?After the first two issues are presented and analyzed,from the perspective of court organizations,what the mechanism of trust to guarantee the effective operation of court organization is will be discussed.Due to the following two aspects,the effectiveness of this study perspective is well-grounded:The first is an effective explanatory power of trust theory to the judicial field,and the second is the support of anthropological research methods.First,the effective explanatory power of trust theory.First of all,the judicial field is a "relationship network" formed by the multiple mutuality based on the system,and the four core subjects of the court,such as the "judge-party",interact around judicial adjudications.Trust is the judgment and action of a subject to avoid risks in a specific situation,which needs to rely on the relationship and interaction between the subject and the other.Hence,trust represents an effective microscopic description and interpretation of the relationship and interaction between subjects in the judicial field.Secondly,justice is not only a field built by a system but also a system in the society in a larger social structure and social-cultural background.The trust relationship is generated and often restricted by factors such as the subject’s needs,system,culture,and structure.The discussion on production and reproduction of the subject’s trust will provide an understanding of the system,structure,culture,and other contents at a medium level in judicial practice for us.Finally,trust plays a reverse role in shaping the structure,system,and culture by the formation of the structural characteristics of the trust relationship and the exertion of the trust function through the actions of the subject.During the discussion of the reverse shaping force of trust,the true appearance of court judicial practice and the trust mechanism of the effective operation of court organization can be effectively presented.Second,the support of anthropological research methods.First of all,the procedural research paradigm of anthropology meets the characteristics of trust.Trust is the subject’s judgment,choice,and action in specific situations according to"mutuality".In the process,the focus is put on the micro description and analysis of the individual action process,and attention is paid to the dynamic development of events.Secondly,the holistic cultural interpretation of anthropology means that,on the one hand,the true appearance of the judicial practice of the court cannot be fully reflected by the trust relationship of a single subject,so the discussion on the trust between multiple core subjects is necessary.On the other hand,it is necessary to place the trust between the subjects of the court on a larger stage of social life for investigation.From the relationship between trust and system,culture,and social structure,we can understand and cognize the structure and function of a trust relationship to summarize the trust mechanism of court organization operation.From the trust relationship of "judge-party",it is known that the judge actively maintains the trust of the parties through the use and selection of trust strategies in the specific judicial practice.Meanwhile,the judge’s control of risk and the exercise of procedural power result in that the trust between them is a kind of unilateral trust led by the judge.In judicial activities,parties’trust in judges not only affects the effective operation of court organizations but also fundamentally affects the legitimacy of court organizations.Hence,the daily practice of court organization legalization will be determined by how to effectively maintain and promote the reproduction of trust relationships.The daily practice of the legalization of court organization can be ensured by the effective promotion of trust reproduction resulting from the"consensus" based on "understanding" in the communication and interaction between judges and parties through the presentation and analysis of field materials.For trust among court colleagues,a complex trust network formed by the interconnection,function and transformation of interpersonal trust and institutional trust is presented in these three pairs of mutual trust under the concrete mutuality,including "judge-judge","judge-auxiliary judicial personnel" and "auxiliary judicial personnel-auxiliary judicial personnel".This trust network can be used as social capital to achieve its objectives by individuals in action.Meanwhile,there will be a direct impact of an action organized by the court on the distribution and acquisition of such social capital.In the process of constructing and using the social capital of the trust,three things that court organizations should realize are:The actions and demands of individuals are often the core production power of trust as social capital.The real distribution mode and pattern of social capital is the trust network formed by interpersonal trust and institutional trust.Trust can be also included in other mechanisms of court organization operation,such as division of labor system,identity system,etc.Therefore,it is necessary to understand and use this social capital in a holistic and dynamic process,and attention should be paid to the impact of reform on trust.For the trust relationship of "court-court staff" under mutuality,trust is an important organizational operation mechanism for court organizations to ensure that the court staff can act in the way expected and approved by the court organization.The control modes of "marginalization" and "categorization" are derived due to the court’s trust control of its staff in the absence of two key links including effective employment and dismissal on the above basis.Whether the court staff can trust the court depends on whether the court can meet the needs of the court staff for the professionalism and a sense of belonging.The core factors of trust reproduction are the formal control of court organizations dominated by the system and the informal control dominated by organizational culture as the principal thing.For the formal control by the system,it is necessary to focus on the trust consequences brought by the system to ensure the maintenance of the fair system.For the informal control taking organizational culture as the principal thing,it is necessary to take seriously the shaping of trust by daily practice,and focus on the content of values in organizational culture and the emotional experience of individuals in the organization.For the trust relationship of the "court-external court unit",there are different structural characteristics formed in their trust interaction with the court for different external units.According to the field investigation,it can be found that the trust relationship between courts and local governments is a kind of structural trust under the common function of local governance.An effective connection way at the institutional level fails to be formed by the court and the administrative department,so an administrative "stereotyped" way is often adopted to treat the court with distrust presupposition by the administrative department.To ensure the work can be effectively implemented,the interactive mode among the court staff is reshaped according to the interpersonal trust for mutual benefits.Due to the cooperation based on the index system and the competition for independence and special status,the trust relationship between courts,procuratorates and public security is always wavering between trust and distrust.Trust has become an effective communication mechanism between the court organization and the external environment in the interaction between the court and these external units.Through the production and reproduction of trust,on the one hand,the actions of court organizations are constantly adjusted by themselves to the changes and challenges of the external environment and shaped according to their needs.On the other hand,the distinction from the external environment is continuously maintained to ensure the subjectivity cognition of themselves and the stable operation of organizations.According to the presentation and analysis of the process of trust production and reproduction among the various subjects of the court in the judicial field,a trust dimension for the understanding of the judicial practice is provided in this Paper,and four trust mechanisms to ensure the functioning of court organizations are analyzed and summarized:Trust is an important way to realize the legalization of court organizations,the social capital of court organizations,the control mode of court organizations,and an effective way for court organizations to communicate with the external environment.