The Performance And Improving Way Of Disadvantaged Judicial Authority In China

With the development of the Internet, cases such as "Yao Jiaxin case", "Deng Yujiao case", "Liu Yong case", and "Sun Zhigang case"----which draw the attention of the society----reflects the tense relationship between the focus on public opinion and judicial authority. Whether the concern for public opinion----a kind of non-legal means----would have an impact on the reasons the judge takes for decision and whether a judge's decision should accept the lead of the public brings in the academic challenge. Should the judgment of the judge be taken place by that of the public, the authority of the judgment afterwards would be questioned. The strength of the public credibility of a judge's decision is closely related to the influence of the judicial authority, which naturally tends to be weaker than the legislative authority and executive authority and in the context of China's current environment, the achievement scope of which is much narrower. Since its very beginning, the strengthening of judicial power has been shed light on in the law system and judicial practice in the two legal families. Latin American and Asian countries----including our country, which since the beginning of the Republic of China has triggered the constitutional government exploration, and in the initial stage of the foundation of the People's Republic of China as well as after the reform and opening up policy has made bold attempts on and the reinforcing of judicial authority and made some achievements, thus laying the foundation in improving our disadvantaged judicial authority today----has made remarkable effort on strengthening the judicial power. Therefore, from the perspective of comparative law, the writer tries to propose several recommendations on altering the lack of absolute authority in judicature in reality:the improvement of the party's leadership, the enhancing of the constitutional status of judicial authority, the limitation of spreading of executive power, the up-grading of the authority of the judicial judgment, grasping the limits of judicial surveillance and so on. Through the analysis of the essential characteristics, the root of formation, and the improvement ways of judicial authority, the writer hopes to promote the development of the improvement of judicial authority.