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On Effects Of Judicial Core Values On The Construction Of Judicial Credibility

Posted on:2013-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:H Y LiuFull Text:PDF
GTID:2246330395458997Subject:Law
Abstract/Summary:PDF Full Text Request
Based on the theme of “revealing legal principle through life, reflecting life withlegal principle”, this thesis reveals directly that the essence of “the most beautiful”phenomena is the public acknowledgement of beauty of personality through the pointof penetration of “the most beautiful driver” after a series of questions about “themost beautiful” phenomena; it is indicated that the crisis of judicial credibility onsocial culture is the query on the personality of law-executors, which can be seenfrom two public opinion events, one is that the public opinion on the death of judge inYongzhou, Hunan Province leaned to one side, the other is that the public wentagainst miscarriage of justice due to the duel challenged to chief justice by the oldman Peng. The essential aspects of judicial credibility are analyzed from theperspectives of social situation and judiciary itself according to current situation ofjudicial credibility in China. The topic that “judicial credibility is the seamlessconnection between credibility of judiciary to the public and conviction of judiciaryfrom the public” is put forward through the vivid comparison between “driver” and“judiciary”. It is pointed out that the construction of judicial credibility is thetransition from the “trust” of the public to judicial authority when they begin to seekfor judicial relief to the “conviction” on judicial effects; the transformation from“believe” to “be convinced” needs law-executors’ efforts. The construction of judicialcredibility needs the guidance of judicial core values in the interior of judicialauthority; the acknowledgement of law-executors’ personality is needed in theexterior of the public. The conjunction point in the transformation from internalacknowledgement to that of exterior’s is the inspiration of law-executors’ personality.Thus it can be concluded that law-executors’ beauty of personality is the reflection ofthe real reaction of public awareness towards judicial core values, and it can bepointed out that the aesthetic judgment of the public to law-executors’ personalitycomes from common emotion, which is the instinct pursuit of the pursuit of truth andkindness tendency. The effects of judicial core values on the construction of judicialcredibility are to condense instinct pursuit into law-executors’ beauty of personality internally, and externally to from a kind of charisma. Through the resonance of thepublic to law-executors’ beauty of personality, the acknowledgement of the publictowards judiciary can be gained. Based on the analysis of theoretical connotation ofjudicial core values, this thesis tries to explain the concrete manifestation of judicialcore values in justice practice by the achievements of those elected persons and themodel, who was the first top ten outstanding president of law court of Jilin Provincein2010, and its focus is the general goal of “the construction of judicial credibility”,which starts from the election of the outstanding president of law court; awards theword from judging panel can reflect resonance of the public towards the beauty of thepersonality of elected persons. With reference of Diderot’s theory,“beauty is in therelations”, it is pointed out that only judicial core values cultivates law-executors’beauty of personality, and law-executors’ beauty of personality causes the publicresonance, can judiciary has credibility. Finally, the combination of judicial corevalues and law-executors’ beauty of personality can demonstrate that law-executors’beauty of personality is the unification of pursuit of truth and kindness tendency.The final illustration of this thesis is: as a social public credit system, the wholeprocess of judiciary starts from “trust” when people seek for judicial relief, then to the“conviction” on judicial effects, and finally, there is happiness in people’s heart due toconviction. Whether law-executors can achieve it depends on if there is credibility injudiciary, which depends on whether judicial core values can be abided by andpracticed in justice practice. Judicial core values essentially is the unification oflaw-executors’ pursuit of truth and kindness tendency.As for the methodology of the research, the phenomenological method insociology of law is used, which is about individual’s subjective experience andfeelings towards law. In the process of demonstration, some knowledge in othersubjects are used such as the ultimate source of aesthetics, the foundation ofphilosophy, sociological concept and etc.. On the specific way of argumentation, roleanalysis is used in study, and point (social hot issues), line (a series of socialphenomenon) and aspect (social credit) can be integrated through the combination ofinduction and deduction. The solution,“use judicial core values to cultivatelaw-executors’ beauty of personality, use law-executors’ beauty of personality to cause the public resonance, and thus there can be judicial credibility” is put forwardin allusion to the essence of the question, and what really matters is whether thepublic are convinced instead of whether they believe it or not with the reference of“treatment determination based on syndrome differentiation” in traditional Chinesemedicine.As for language system of the research, this thesis tries to present the NaturalLanguage System in modern China, which can integrate ideological legal languagesystem, Western legal language system, Chinese traditional legal language system andFolk legal language system, aiming to enhance mutual understanding betweenChinese common people and scholars, folk and official, mass and elite, and to worktogether to promote social progress and all-round development of human beings.
Keywords/Search Tags:Judicial Credibility, Judicial Core Values, Law-executors’ Beauty of Personality
PDF Full Text Request
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