Study Of Judicial Trust Based On Institution-Based Trust Perspective

The modern rule of law presents the development trend of judicial centralism. It is the necessary premise of comprehensively promoting the rule of law for judicial to gain the public’s trust. In the process of social transformation, many other issues in the alternation of traditional and modern shall be recognized. Traditional personality trust cannot meet the social interaction and operation of strong liquidity and anonymity hence public trust of common system based on institution rule is in urgent need of establishment. Under such conditions, the justice should play an important role, however there is still lack of institution-based trust.In the thesis, the research of the institution-based trust based on the trust theory is applied to find path both conforming to the legal rule and meeting the people’s demand. The trust of the micro level which is related to personal experience influences the trust mindset of the subject. The trust of the macro level, a kind of social capital, has the essential functionality of simplifying the complex So, the operation of the modern society requires widespread public system trust construction. Academia carries on the trust research of the macro level basically on the two perspectives of culturalism and institutionalism. Traditional personality trust culture and traditional legal thought of detesting lawsuit, none-lawsuit and law is both a punishment enjoy popularity among the people of China and also do are a series of negative thoughts such as patriarchal ideas formed in the feudal society, man ideology and lack consciousness of right. Hence, though there is some acceleration of franco-prussian effect and people’s consciousness of right, it is still difficult to fundamentally promote the judicial trust based on culturalism effectively. Therefore, the adequate consideration of the institution dimension is needed.Firstly, this thesis illustrates several core theoritical issues of judicial trust based on institution-based trust. On the background of trust pattern’s changing in the social transformation, this thesis also reveals the importance of systemic trust, expounds the concept, properties and functions of the rule of law culture fostering and elaberates the rational path of promoting Chinese judicial trust resulting from institution-based trust. Then, the evaluation standard of judicial trust is raised to analysis the reasons of issues Chinese judicial trust facing with. Finally, the way of promoting Chinese judicial is presented based on institution-based trust.Institution-based judicial trust is built on the rational choice theory(bounded rationality).The judicial trust based on institutionalism not only needs to focus on the rationality and scientificity of judicial standard rule but also shall depend on the institution’s executors, implementation status and environment. Via institution, improvement of judicial efficiency and trust culture, resource accumulation of the concept of trust and innovation of the rule of law culture will result in a good atmosphere of the rule of law for the modernization governance of country and society. In turn, the atmosphere will improve judicial trust and drive the transition from instrumental trust based on institution to normative trust on legal faith. And again the construction of the rule of law will gain promotion. This can yet be regarded as a choice of route that both follows the law of justice and consists with the national conditions.Beginning with institution-based trust, it is a long-term gradual process and an inescapable procedure.