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Judicial Credibility Remodeling Research

Posted on:2014-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:R JiangFull Text:PDF
GTID:2296330425979400Subject:The constitution and administrative law
Abstract/Summary:PDF Full Text Request
What the judicial credibility emphasizes is that the public identity process ofjudicial overall operations and results of Judgments and rulings. It is one societygoverned by the rule of law should be property. In contemporary internationalmainstream country under the rule of law,the judicature have been identified by thepublic; and the judicial credibility always maintains in a good state. But incontemporary Chinese society, why people pay close attention to judicial credibilitythat’s because it doesn’t achieve the expectations of the public that it should be. At thesame time that derives from the public are directly stakeholders with the result of thejudicial acts. Large amounts of data show that including the credibility of justice,social trust is gradually missing. It is very easy to damage trust, but reconstruction isunusually difficult. Of course, many levels of factors that together constituting causedthe lack of credibility of justice, it may need to impose a variety of initiatives togradually restore the credibility of justice. Playing a supervisory role can enhancejudicial transparency and promote judicial justice.Supervision by public opinion for this stage to enhance judicial credibility isgreatly beneficial, but, we should also be adept at this means, try to circumvent itspossible impact judge independence. This needs to construct a series of systems toadjust their relationship. Working together to build and maintain democratic societybased on the rule of law.In this paper, the sociology of law as the angle comprehensive analysis judicialcredibility and expounded the theory of the relationship between the supervision bypublic opinion and judicial credibility, with comparative analysis and empiricalanalysis methods. Finally, clarifying how plays public opinion to shape the credibilityof the judicial. The paper is divided into four parts, about thirty thousand words.The first part, overview of the judicial credibility basic theory, the judicialcredibility deletion condition and reason analysis. This section focuses on explainingthe basic conceptual content of the credibility of the administration of justice, to showthat the value of a good judicial credibility, and tried to analyze the situation of thejudicial credibility and causes, and provide a good idea to solve this problem. The second part, first elaborated the concept of supervision by public opinion,the form and characteristics. Secondly, analyzes the relationship of supervision bypublic opinion and judicial theory, especially the legal basis of public opinion be ableto oversee the judicial, demonstrate the rationality and legitimacy of the public be ableto oversee judicial. Finally, analysis of the pros and cons of supervision by publicopinion on judicial, the focus of analysis promote good supervision by public opinionon the credibility of the judicial function.The third part, return to the topic. Elaborate how to reshape the judicialcredibility. The media and public opinion should get legal protection, how supervisewithin the law. Put forward formulating "Law on the Press", and strengthen mediaprofessional ethics, in order to balance the two interests. At the same time, thejudiciary should treat the media and public opinion, judicial running acceptsupervision by public opinion proactively.The last part, Summary statement of judicial and opinion relations,hope thejudicial and media.
Keywords/Search Tags:Independence of the Judiciary, Freedom of Speech, JudicialCredibility, Supervision by Public Opinion
PDF Full Text Request
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