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The Research Of The Judicial Credibility Problems

Posted on:2013-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y T QiFull Text:PDF
GTID:2246330395479423Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Judicial credibility is an important symbol of development of modern law, it has animportant significance for the law modernization of our country. However, with the turninghistoric, the changing social interest patterns, the change of the economic system,the changingideas and values of people and so on, the change of social development shows diversedevelopment situation. In addition, the whole moral anomie has become serious, judicial hasappeared credit crisis, judicial credit crisis has become the most serious and prominent part ofsocial credit crisis. Credibility is the essential attribute and intrinsic request and the lifesafeguard of judicial, if judicial lost credibility, judicial credit would exist no longer, thewhole social credit system will crumble.The special social environment raises new challengesfor the construction of the judicial credibility, therefore, in order to realize the lawmodernization, we must analysis it by facing problems from various judicial credibility, andjudicial credibility will be built as the important content of the reform of the judicial system.This passage is based on the transformation of the existence of judicial credit crisis as thebreakthrough point, with the context of the development of the socialist legal systemconstruction and further conception of judicial system reform, the semantic interpretationfrom judicial credibility as a starting point, clear the meaning of judicial, credibility andjudicial credibility, and based on the analysis of the characteristics of judicial credibility, theauthor analyzes the elements of judicial credibility, and then summarizes judicial credibilityeffective standards from the view of quality and quantity in this passage. For the lack ofcredibility in China’s judicial present situation, the author has used empirical analysis methodthrough the data and analysis of judicial credibility, and analysis the problems has caused bythe causes of deficiency of judicial credibility and in the end, the author puts forward themethod of resolving the credibility in order to draw the outline of constructing the perfectpicture of judicial credibility.At the introduction part of this passage, it discusses the subject purpose, significance andresearch topic selection methods, it laid a theoretical foundation and expounded thesignificance of this passage. The first chapter is about judicial credibility and related concepts,it is including the justice, credibility, judicial credibility and so on, which made this articlecore concept---judicial credibility, the definition has broken the original theory researchlimitations, it explains judicial credibility from the main body and the social public judicialview of the concept, it also introduces the characteristics of the judicial credibility. Thesecond chapter, the writer analyzes the three categories of judicial elements from the structure, including the career of the theme of justice, the legitimacy of the judicial process and thebinding of the judicial results, these elements jointly constructed theoretical connotation ofthe credibility of justice together. In the third chapter, the writer analyzes the standards toevaluate judicial credibility: From a qualitative point of view, judicial justice and judicialefficiency are the qualitative and evaluative criteria of judicial credibility, which affects thedirection of development and degree of size of the judicial credibility. Justice and efficiencyare the decisive factor of judicial credibility; From the quantitative point of view, the publicsatisfaction, parties acceptance of the verdict and common evaluation of Legal ProfessionalCommunity affect the effectiveness of the degree and size of the judicial credibility, but itdoes not play a decisive role. In the fourth chapter, the writer explores the problems in ourjudicial credibility and analyzes the reasons of these problems through the macro and microaspects of the empirical analysis. In the fifth chapter, the writer improves the credibility of ourjudicial path on the basis of the above theoretical analysis, and proposes a solution mainlyfrom the institutions and ideas. The institutions and ideas cooperate with each other andmutual unification in order to promote the improvement of of justice credibility.
Keywords/Search Tags:Judicial, Credibility, Faith in law, Social public
PDF Full Text Request
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