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Reshaping The Justice Confidence In Transition Society

Posted on:2015-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:C T ChenFull Text:PDF
GTID:2296330431953959Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The most simple and straightforward Feature of the transition society is "transformation", getting from its literally meaning. Some columns of Socials being and social meaning, Including social management, the judicial system, public awareness are shifting there traditional model in a Intense or a smooth way. The most important change in the Citizens awareness world about the judicial system is from trust to distrust. Specifically speaking, it is from the Passive judicial trust growing in the background of traditional social reality and legal culture to some kind of legal emotional blank and confidence crisis of Justice. The confidence crisis of Justice is reflected from the Public attitudes towards the specific law application systems and rules of Procedure, in addition of the Negative expectation to the consequences of law application. This kind of confidence crisis is the negative effects of the construction of Incomplete Judicial system modernization, and this social phenomenon has its own reason for existence。 The negative impact of the confidence crisis of justice does not just stay at the range of awareness category, and its damage to the specific judicial system construction and the operation of law should not be underestimated。The Significance of the establish of Judicial trust in transition society is not only working on the fostering of rational judicial philosophy, but also regulating the exercise of judicial power。 Its ultimate aim is focused on the promoting modernization of flaw application。Reshaping the social justice Confidence demands the deep analysis of how and why the confidence crisis of justice emerges in the transition society, not the concept meaning of " trust "。 The justice Confidence is the affirmative evaluation to the specific judicial system and judgment effect, so the framework of law application is no doubt the Starting point and the ultimate point of the justice Confidence. The specific steps of establishing justice Confidence work can not exceed the limit of the current legal system。 In other words, the Substance of this work is modifying the Unreasonable existing of the Substantive or procedural elements, and all of the above efforts are aimed to restore public confidence in the administration of justice。The revolution of law has a Continuous process, and it always be affected by social material conditions. The transform of justice Confidence, regard as the most important part of the Legal culture certainly follow this general rule The traditional legal culture and legal concepts are the other major reason for the Specific social phenomenon, which need to be rigorously analyzed when we try to find out the reason of the confidence crisis of Justice。 Specifically, this includes social structural characteristics、trust models、and the quality of public law and any other social existences. Starting from the causes and manifestations of the certain social phenomena to exploring the nature of the phenomenon and how to prevent it next is the basic research methods and writing techniques used in this paper.The specific measures of restoring confidence in the justice in the current social environment is the focus of the significance of this paper, so the focus of this articles is to take What kind of measures to achieve the above goal。The pacific tasks include the relevant of normal substantive and procedural legal elements, and shaping the legal culture background。 This means to recover the concept of social justice trust expanding in both inside and outside of the law application system。 Based on the deep-seated causes of the current crisis of confidence in emerging to propos some instructive work ideas certainly make a great practical significance to reshape the concept of judicial trust, and all of this would be a big help to the Judicial Modernization。...
Keywords/Search Tags:Transition society, Law application, Crisis of confidence, Reasonfor crisis, Building trust
PDF Full Text Request
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