The Study On Judicial Credibiltiy

Judicial credibility is the dynamic, balanced trust and mutual evaluation between the justice and the public. The higher the judicial credibility is, the stronger reliability the people possess in the judicial activities and the more fully effective the functions of justice can be. Chinese society is undergoing a historic transition where the economic and society develop rapidly, and social conflicts continue to emerge. This causes that the judicial environment is not satisfactory and the drawbacks of many legal and social system occur. As a result, the phenomenon such as judicial corruption, miscarriage of justice, the lower judicial credibility exists within the judiciary, while the judicial staff cannot meet the quality and quantity of justice demand, resulting in the public distrust of judicial activity and judicial decision-making, the reduce of the credibility of the law and judicial institutions, as well as a direct impact on the formation of judicial credibility.From long-term and practical needs, the judicial branch as a branch of state power and the last line of defense of safeguarding social fairness and justice, as well as a social regulator and pressure relief valve, has been given high expectations because of its irreplaceable nature and inherent properties - passive, neutral and credibility. How to enhance judicial credibility to ensure national and social development and progress becomes a very pressing issue. In theory and practice of foreign countries, there are the few people to consider the judicial credibility as a specialized issue, but they touch on issues of judicial credibility in constitutional doctrine and judicial systems theory. Based on needs of construction of ruling by law and practice, in contrast, domestic scholars further promote this issue from the perspective of judicial authority of the perspective of judicial credibility. Generally speaking, judicial credibility consists of the eligibility of the subject involved in the judicial activities, the legal nature in the legal process, the correctness of judicial decisions and judicial action. Meanwhile, there are many things that can influence the judicial credibility known as complement and interaction of the norms applicable to the judicial credibility, the rank of legal norms and the judicial interpretation. It is also essential to the handle the regulation conflicts for enhancing the judicial credibility. In reality, the judicial credibility can be promoted by the general means of improving quality of judges, as well as by special means of improving the standard of constitutional review and so on.