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Public Trust For Justice Contemporary Issues In China

Posted on:2014-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShenFull Text:PDF
GTID:2266330425954145Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Justice has a dual mission:establishing judicial authority and safeguarding social fairness and justice. Judicial credibility is used to ensure the judicial value realization. At the same time, judicial credibility is the premise of building a socialist country ruled by law. Therefore, researches on China’s public credibility of the judiciary have extremely important practical significance and theoretical significance. From a practical point of view, public credibility of the judiciary is conducive to realize the value of the law, safeguard social fairness and justice, enhance the public trust in the judiciary and the legal belief, and furnish the inevitable prerequisite and basis of the construction of a country under the rule of law. From a theoretical perspective, public credibility of the judiciary is more conducive to the construction of socialist rule of law and harmonious society. Researches on the public credibility of the judiciary are helpful to sum up the experience of judicial system reform, which provide theoretical basis for the further deepening of judicial reform and political reform, help to establish the role judicial authority and judicial credibility, contribute to the establishment of social credit system, build a socialist society ruled by law. For reconstruction of public credibility of judiciary and judicial authority, the judicial functions and role have to be put into full play. Studying the judicial credibility problem is a focus question of law theories and practices, which can not be avoided. It is also the significance of the selected topic.However, our country nearly thirty years of judicial system reform has made great achievements, but China’s current situation of judicial credibility has been worrying problems, the judicial system malpractice, judge the unfair judgment, judicial corruption, judicial efficiency is low, no respect for human rights and so on, coupled with the recent years the emergence of the "the case of Zhao Zuo-hai" unjust ", not only makes the public lost to judicial trust and respect, and seriously blocked the judicial reform steps forward.How to enhance the public credibility of the judiciary and judicial activity is currently one of the most urgent and realistic problem. The public credibility of the judiciary in social credit system and the collapse of social transition of insufficient as the main background, the concept of socialist rule of law as the condition, the broad legal sociology and historical angle, make full use of analysis method of positivism, linking theory with practice, the related concepts of the public credibility of the judiciary as the breakthrough point, explains the nature and function of the public credibility of the judiciary, judicial credibility analysis support the forming factors, and then from the reality of the situation, analyzes the judicial credibility deficiency phenomenon in our judicial operation, and analyze the historical factors analysis and practical factors in the deep, made their own unique construction methods and methods of judicial credibility ascend.The thesis consists of four chapters. The main content of each part is as follows:The first chapter is the introduction part. It elaborates the background and significance of selected topics, research situations about judicial credibility home and abroad, the research methodology, and innovation.The second chapter is literature review on judicial credibility. This part defines the concept of the public credibility of the judiciary and analyzes its bidirectional nature, five main elements, and functions.The third chapter is about present situations and impact factors of deficiencies of public judicial credibility in china. This part discusses current situations on deficiencies of public judicial credibility in china, justice localization caused by administrative interventions, media mal-supervision, inadequate judicial openness, lack of legal culture and humanism, judges’ inferior ability, and the like. Furthermore, it analyzes historical and realistic reasons for corresponding current situations and lay the basis for finding a rational and practical way.The fourth chapter is about exploring ways to construct credibility of judicature in China. To improve the judicial credibility, it is supposed to advocate judicial independence system, perfect judicial supervision system, improve judicial transparency, enhance professionalization of judge occupation, construct socialist culture ruled by law, implement the principle of justice for people, further justice system reform, and optimize internal and external environment of judiciary to ensure the public judiciary credibility.
Keywords/Search Tags:justice, public credibility of judiciary, judicial authority, judicialindependence, the culture of rule by law
PDF Full Text Request
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