On Methods To Establish Judicial Authority

A modern society should be a society implementing the rule of law, which in need of legal authority. The legal authority should be guaranteed by the enforcement of the law. Justice is an important mechanism to enforce the law and crucial to ensure the legal authority. China is a country with a long tradition of the rule by man. The strategy of governing the country according to the law is put forward only more than ten years ago and the judicial authority is just recognized. In China's current political, economic and cultural circumstances, establishment of judicial authority can not rely on slow natural evolution of society. We must learn from the successful experience of developed countries which well implement the rule of law and give the government's function full play to promote the establishment of judicial authority. Now, china should chose the way of"promoting by government"to establish judicial authority. First of all, the independence of the judiciary should be established and the status of judicial authority should be highlighted. The independence of the judiciary should not be established without considering about the China's history and tradition and the current constitutional system. It is necessary to attach importance to the local resources and realize gradually the independence of courts and judges without impacting on China's current three-dimensional structure of power. Secondly, it is vital to enhance the quality of judges. It is essential to establish judges'prestige through every single fair, efficient and corruption-free trial and further establish the credibility of the judiciary as a whole. Third, the system of implementation should be reformed and administrative power and judicial power should be separated properly in order to conquer the difficulties of implementation. Make people feel personally the benefits brought by the judicial authority to person concerned and the whole society through efficient implementation of effective trials. Fourth, court should also play an important role in the establishment of the judicial authority. It is essential to further standardize the administration of justice, improve its efficiency, eliminate the hidden injustice in the judicial process and foster social credibility of justice.