The Research Of Judge Integrity Mediation Mechanism Under The Perspective Of Judicial Credibility

As an important symbol of the rule of law society, the higher the degree ofjudicial credibility, judicial function and role of the more well. The report appeared alot of the party’s18keywords eye about justice, rule of law, it may be said is all full ofstrong elements of the rule of law, and mentioned to strengthen the construction of thejudicial for the first time. But the reality is the judicial efficiency is low, the judicialpersonnel’s behavior and the case of injustice makes the judicial is full ofdisappointment and dissatisfaction. Law of the people should have some authority, asthe dispute don’t want to seek judicial ruling, the consequence will be unimaginable.As a final checkpoint to defend social justice of judicial organs and judges, has highcredibility. Visible, safeguard judicial authority, and improve the judicial credibility,establish the public legal faith is an urgent and important task.At present our country is in an important period of social transformation, as veryimportant in the civil litigation system in our country, the mediation to resolvedisputes timely and effectively, saving judicial resources, play a positive role inpromoting the judicial harmony. However, in priority, sentenced to combine"mediation" policy guidance, the court mediation system is experiencing a revival,"tojudge pressure controller""to" lure "never long tune" improper mediation behaviorchaos huansheng, gave rise to judge compulsory settlement problem. As more andmore mediation cases after entering enforcement procedure, mediation case also facethe problem of "difficult to execute", this is very bad for the ascension of the judicialcredibility. Faced with the problem, correcting the judge compulsory conciliationimproper behavior, urged the judge integrity mediation when the only way forconstruction of judicial credibility. Due to the existing system to judge the mediationbehavior supervision and constraint is not clear, therefore, to build effective judgeintegrity mediation mechanism for the ascension of judicial credibility has animportant realistic meaning.This thesis includes introduction, text and epilogue.The first chapter mainly includes the judicial credibility problem and thefoundation of the court mediation system two parts content. In the concept of judicialcredibility and elaborates the present situation, discussed the positive role of the court mediation of judicial credibility, and points out that at present the court mediationsystem in our country, the judge of compulsory mediation problems in areendangering the construction of judicial credibility, worthy of attention and research.The second chapter the author to judge the compulsory mediation problems in allaspects of the profound analysis and discussion. First is to use the method ofcomparative analysis to the judge to define the concept of the compulsory mediation.Then enumerates the judge compulsory mediation in the several forms of reality, moreimage for the judge to interpret phenomena in the compulsory mediation, discover thecharacteristic of strong concealment. And also from the perspectives of the judge’smental behavior reasons of compulsory mediation, namely in the big mediation policyunder the guidance of psychological convenient utility. Finally discusses the existingconstraints for judges to enforce mediation mechanism has certain defects, weakconstraint effect, so to speak.The third chapter based on the research of the first two chapters, the good faith asthe key points that connect the judicial credibility and judge the mediation behavior,puts forward the judge integrity innovation concept of mediation, in good faith onresearch of the theory of fully explain, to judge the connotation of honesty mediation,theoretical exploration on the basic requirements and evaluation standard. Finally,further analysis of the relationship between the judge integrity of mediation and thejudicial credibility, judge credit mediation is beneficial to the judicial credibilityascension’s point of view.The fourth chapter is the main content of this article writing, as well asinnovative research, is to discuss the construction of the judge integrity mediationmechanism problem. In this chapter, the author try to new ideas and methods to studythis problem, using the principal-agent theory in economics, analyzes in detailillustrates the judge the behavior selection in the process of mediation is based ontheir own pursuit of profit maximization, judge and find the root cause of themandatory mediation is the asymmetric information. This conclusion as clue, theauthor from the management system, credit system, legal environment, the fouraspects of law, put forward building incentives as the main means to judge the goodfaith mediation mechanism, guide the judge and the parties interests consistentbehavior choice, namely integrity mediation. At the same time, further analysis of themechanism with regulating the behavior of the judge to mediate, cultivate the judgeintegrity awareness, build the positive value and the function of the judicial environment.