Study On The Judicial Credibility

The hot topic judicial credibility has been concerned by more and more people. The judicial credibility is the esteem and recognition of public citizens for judicial body, judicial proceeding, operating and its decision, and it is the believable conditions which built up in the mind of citizens. Credibility for justice is just as belief for law. The law without belief can not really work. The short of credibility of judicature will not have authority and come into force, also can not build up its equity and social justice. The public trust is the request of judicial intrinsic in logic, the natural meaning of the topic and its vitality guarantee. According to the above-mentioned understanding, this text from analyzing concept and production foundation of judicial public faith force to commence, analyzes the judicial public faith force of our country to descend and reason of imperfection, and how rebuild the our country the judicial public faith force carried on the request.The whole article divides into three parts.The first part's main content is to explain and understand the concept including justice, jurisdiction, the public trust and the judicial credibility, and takes it as the foundation in the whole discussion.The justice and jurisdiction are the core and the essential factor of the judicial credibility, therefore, discussing the concept of judicature and jurisdiction. The author thinks the judicature should be the law suit activities of the court proceeding by his authority. The jurisdiction has the characteristic of the passivity, the ending and the extensive participation, and so on. The public trust is ability of obtaining the trust when public power's main body associates with the public, and the public's psychological approval. It has its own special structure shape and the theory ownership. The judicial credibility is the concept of the dualdimension, and mainly association of trust and mutual appraisement. Looks from the origin, the judicial credibility emanates from the essential attribute of public power. The core part of the entrustment-agency relation between the public and power institution is the trust of the public to public power and the credit of the latter to the former, which is bilateral interactions process. In this part, the author also analyzes the production foundation and value of the judicial credibility.The second part mainly discusses the shortage of the judicial credibility and its reason in the contemporary China. It is true that the judicial credibility is short in the current Chinese. The author discusses the cause of formation, mainly including the localization of jurisdiction which is leaded to because the government controls the court; the administration of the court internal management and all levels of party committees'intervention; the judge under system and the foundation of notion. In the transfer process of law, on one hand, the vicissitude of politic, economic and cultural provides the force for the establishment and the development of the judicial credibility, on the other hand, also is the cause of the shortage of the judicial credibility.The third part mainly discusses the institutional construction of the judicial credibility. In order to construct the judicial credibility conforming to the request of the time, we must firstly establish the modern judicial idea conforming to the request of the time. Based on it, to redistribute judicial power resource causes the judicature to occupy the proper status in the power pattern, and guarantees it non-administration and non-localization. Secondly, to reform the judicial judgment and the persuasive power personality carrier, judge and its system, enables the judge to satisfy the request of the public and causes the trust of the public to the judge and the judicature. Thirdly, optimizing the judicial surrounding should be the external guaranty to construct the judicial credibility. It should arrange the legal relationship between the court and party agency, the NPC system, the government and the prosecutorial office. It should to arrange the relationship between the court and the medias and try to build a perfect social base and atmosphere to maintain the judicial credibility.