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Research On Enhancing Chinese Legal Credibility

Posted on:2011-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:W LiuFull Text:PDF
GTID:2166360305463465Subject:Legal theory
Abstract/Summary:PDF Full Text Request
After 30 years'reform and opening up, China's legal construction has made many achievements, the socialist legal system has been formed and legal basis has been realized. But in the moment, it is an indisputable fact that the credibility of our laws is not high, the absence of legal credibility has become the bottleneck of promoting the process of building a nation ruled by law. How to enhance the credibility of our law has become an urgent theoretical and practical problem, and this essay is intended to contribute to it.The credibility of law is the strengh through which the law win public confidence and trust, the credibility of law is the inherent nature of legal authority. For the credibility of law, its theorical basis is social contract theory, its economic basis is the market economy, the political basis is constitutional democracy, and the right culture is its basis of concept. The prerequisite of build the credibility of law is establishing the authority of law, the basis of build the credibility of law is good law, and the key of build the credibility of law is establishing the legal credit. The functions of legal credibility include social control, legal authority guarantee, legal beliefs training and so on. The value of Legal credibility includes:it is the important strength to arose obedience to law; it is an important means to reduce the legal operating costs and improve operating efficiency. Based on the empirical analysis, the essay gets our legal status of absence of legal credibility, and gets that the reason of legal credibility absence includes historical reason and reality reason, historical reasons is the absence of our legal tradition, and the reality reason is the absence of legal authority and legal credibility. Finally, the essay proposes, to enhance our legal credibility, we must establish a people-oriented modern legal concepts; Secondly, we should establish legal credibility. In terms of legislation, build a good law through the democratic and scientific legislation; in law enforcement, combine strict law enforcement with human law enforcement; in justice, maintain justice fairness to create justice convenientce and thus enhance the credibility of justice. Finally, public should adapt their understandings of legal concept to get a correct understanding of the nature of modern law as servicing people and benefit people, thus establish the audience basis for the legal credibility.
Keywords/Search Tags:the credibility of law, legal authority, legal credit, promotion
PDF Full Text Request
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