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The Crisis Of Legal Trust And Classified Governance Research

Posted on:2016-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y JiangFull Text:PDF
GTID:2296330461962297Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the development and progress of social life and production activities, interpersonal network expand, all walks of life contact more closely, unknown factors involve in social life and the market order, the social interaction and transaction risk coefficient increase.Modern society is an abstract society, which is made up of countless abstract system, and is a generic abstraction. The interactive process of modern society overcome the personal specific features and interpersonal relations, in an abstract framework(including system, knowledge, ideas, etc.), with the help of the practice of some kind of stylized, form the mutual recognition and trust. From the background in social transformation period and the transition of modern trust mechanism rule, rationalization, experts and technical system of trust instead of interpersonal trust,then to be dominant role in the modern social trust mechanism has become the trend of The Times.In fact, a variety of trust issues are not the new problems in modern society, it is attracting the attention of academic and research for a long time. Along with the transition of the trust mechanism, the trust problems of the different stages of society have also been corresponding change, this rule can be seen from the point of view of academic research. Before the 1990 s scholars focused on the theory of interpersonal trust and interpersonal trust crisis appeared in the process of social interaction; After then they increasingly attach importance to the theory of institutional trust and system trust, and put forward the treatment method of the crisis of system trust.As integrated construction of legal state, legal government and legal society, it depend on the regulate and guarantee of law for operation of law sanely. on the other hand, in recent years, some social phenomenon are disclosed, such as local legislation plagiarism, wrong cases, execution violence, credibility of the law for social public is not high. The law is the last line of defense to maintain social stability and protect the rights of the people, is the most important part of social abstract system. To rebuild trust, therefore, it is most important to find the countermeasure of legal trust crisis. The paper mainly is constructed as a problem resolve orientation, divided into three parts: theoretical background, empirical analysis and classification management.The first part, mainly discusses the theoretical background of the crisis of legal trust in modern social. Sun liping, a professor,name the transitional period of society as the "broken society", because in the process of social transformation there are some new social contradictions and problems,the most typical is collapse of the trust structure. Institutional trust or system trust is the main form of trust in modern society, and as a system or system, the law is the key factor in rebuilding trust.The second part, through the method of the event statistics and data analysis mainly make empirical studies on social trust crisis. On the one hand, through the social hot issues in recent years, can gain an understanding of social trust crisis, and lays the foundation for the classification below. On the other hand, through the social investigation data can calculate or measure the trust of various industries and analyzes the reasons for different trust problems, then contribute to put forward concrete countermeasures.The third part, mainly discusses train of thought, classification and treatment of the legal trust crisis. This part is the focus of the article. Trust crisis embody complexity and universality, diversity, not only appeared in the interpersonal communication, more appear in the society in the abstract system; Not only in the activities of production and business links in all walks of life, more in political organizations, government agencies, the judiciary, etc. In view of the crisis of confidence, must use all kinds of means to distinguish, and put forward corresponding effective countermeasures. Therefore, establishing a clear classification system, is the premise and foundation of effective governance for the legal trust crisis.In this paper, the legal crisis of trust is divided into: the crisis of legislation trust, the crisis of law enforcement trust, the crisis of judicial trust, the crisis of the lawyer and the indirect crisis of legal faith. The indirect crisis of legal faith refers in the education, health care, food, media, charity industries or system, the social main body has no rules consciousness,which lead to widespread distrust. Deal with legislation trust crisis, we must put an end to local legislation copying, improve the quality and maneuverability of local legislation. Deal with law enforcement trust crisis, political organizations and government agencies needs to maintain and develop relationship with the basic interests of all citizens,and increase the harmonious relationship between civil society and country. Deal with the judicial trust crisis, the judicial system should get rid of the hierarchical administrative logic, in other words, get rid of localization and security administration. Deal with legal person trust crisis, should improve them the level of business and professional ethical beliefs, and promote the legal professionalization. To the indirect crisis of legal trust, it is necessary to improve the rule consciousness of the social main body.
Keywords/Search Tags:system trust, the crisis of legal trust, empirical analysis, expert system, classified governance
PDF Full Text Request
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