Study Of Judicial Credibility Problem In Contemporary China

Judicial credibility is social group showing confidence, trust and confidence forjudicial activity and judicial judgment, which is rooted in the experience of social lifeand rational choice. Judicial credibility is one of important symbol in the law society,which is comprehensive embodiment of social material civilization, spiritualcivilization, the civilization of the system. The degree of judicial credibility is higher,the function and role can get better.Our country is now in the social transform period and significant changes occursin every field of social life. Because the social structure under the market economicsystem and the way of governance has not yet formed, individual field appears a stateof disorder. Judicature can maintain social order, which is high hope for people byachieving social justice. However, in real life, the high cost of justice, the low judicialefficiency and unfair trial cases make people full of disappointment anddissatisfaction. If people lost trust for the justice and law lost authority when peopleno longer seek judicial ruling in dispute, the consequence is unimaginable. Therefore,enhancing judicial credibility, forming authority of law and cultivating the publicfaith in the law is an urgent and important task.From Changkui Li homicides caused by the public and media attention, thispaper analyses the reason of causing heated discussion, seeing the essence throughthe phenomenon, namely the judicial credibility is low at present in our country. Howto improve the judicial credibility, this paper is to focus on solving problem ofreconstruction of the respect and trust of law. It points out that the legal belief is thejudicial credibility of psychological factors by analysis of each component factor ofjudicial credibility, whether law is faith or not, it directly decides law has strongvitality, which intrinsic value can translate into useful social spiritual wealth; Judicialindependence is the judicial credibility system elements, only realize ownindependent judicial power, courts, judges, centered to impartial referee, making itsdecision will make the public could accept it; Justice is the value elements of judicialcredibility and fair, justice have always been persons’ eternal pursuit and inter value to have faith in law. Only in accordance with the facts and the law ruling, to protectthe rights of the public, the law will get people spontaneously beliefs. Justice’s qualityis the main factor of judicial credibility, judge as enforcers of law, is the symbol oflegal visualization, improve the judge’s whole quality, ensure the quality of trial, onlyin this way can we convince people.In the present China, the court often make the referee under kinds of competitionpower and supervision-losing of the judicial rule out force, thus the court’s decisionoften cannot get the public recognition-people doubt the justice of judgment;corrupting of the judicial and the power-for-money-deal rampant-Self-improvediscipline of justice is needed; unable to execute the court’s decision-it’s severechallenges for Sentence’s execution. There are a variety of causes for the aboveconditions: localization of Jurisdiction and administration of judicial power restrictthe judicial independence in our country seriously, making justice in the process ofthe referee restricted by varieties conditions, can’t be decided with separated facts,and the law. As there are many holes between the power supervision andcounterbalance, lack of judicial supervision, corruption of the judicial and thephenomenon such as selfish often occurs. Due to imperfection of judge system,judge’s the overall quality is not high, proceed to the next step, the quality of lawenforcement effect is directly affected. Consciousness of citizen’s right is not strongof legal consciousness and the lack of belief in law caused the law lacks a strong baseof mass.Thus, it is clear that low level of the judicial credibility has become a seriousbottleneck restricting the construction of China’s economic development, managingcountry with law. For this, we must try to realize the judicial independence,redistribute resources, and free the judicial power from attachment of the localgovernment, permitting it follow the law and the facts to make independent judgment.Perfect the supervision mechanism of the law further, exert supervision of theNational People’s Congress, the people’s procurator ate, the public and public voice,ensure trial work open, fair. Reform the current justice system, improve theadmittance standard and intensify training of judge, ensure judge’s material, identityrights, making the judge threw himself into his job without trouble, thus we can improve judicial efficiency, furthermore, play the role of resulting legal dispute.Abandon legal instrumentalism idea, establish good law, advertise law in the wholesociety, to let people understand the law, respect for law, belief in law, and eventuallyimplement the judicial credibility.