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Research On The Causes Of Absence Of Judicial Credibility And Solutions

Posted on:2016-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:S XuFull Text:PDF
GTID:2296330482964047Subject:Basic principles of Marxism
Abstract/Summary:PDF Full Text Request
Justice is an important content of the implementation of the law, but also an important dimension to maintain the vitality of law, what is more an important guarantee for the maintenance of law and the supreme authority of the supreme dignity. The law only in the implementation can fully play its due role. The public credibility of the judiciary is the proper meaning of building a socialist country ruled by law, but also establish the judicial authority, to achieve social fairness and justice, an important aspect of building a harmonious society. The eighteen session of the Fourth Plenary Session proposed clearly:“The rule of law is the jack and good law is the premise of good governance.”The realization of the rule of law not only needs to consummate the legislation, but also the need to strengthen the public credibility of the judiciary, reflected in people with lofty belief in law, strictly abide by the law, the social public has the legal supreme idea.Our country is in the crucial stage of reform and social transformation, highlighting the various contradictions and easy sharpening, coupled with people’s growing awareness of rights, to solve the problem through the judicial way increasingly. However, China’s current legislation does not improve, the legislative level is not high, judicial environment not ideal, judicial injustice phenomenon many still exist, public confidence in judicial organs and the judicial personnel is not high. Many of the social public in times of infringement cases first thought is not solved by judicial organs, to seek relief but can not be resolved in the other way is the way through litigation, the reason is that the judicial authority in the public trust is not high. The existence of this phenomenon is the reaction of the current status of judicial reform in our country, because of the negative factors of judicial independence, judicial supervision is not perfect enough, the judge system and quality does not yet exist certain problems, in traditional Chinese culture and the rule of law culture exists lack of.Improve the credibility of our current judicial become our inevitable problems. The public credibility of the judiciary is the embodiment of judicial subject, the judicial process, the judiciary operation process and judicial verdict in the public component and respect. The public credibility of the judiciary will damage the lack of proper legal effect, so the realization of judicial justice and justice will become empty talk. How to improve the credibility of the judiciary, to ensure that the law in accordance with the application of regulations and procedures to implement and achieve good effect is a very worthy of study. In this paper, the basic theory of the age of the public credibility of the judiciary, judicial credibility evaluation standard and China’s judicial function, the lack of credibility of the current situation and the causes of problems are analyzed, finally puts forward some countermeasures to improve the credibility of our judiciary, expectations have guiding significance to perfect the judicial system in china.Besides the preface and the conclusion consists of four parts:The first part of the judicial credibility of this theory are summarized and analyzed, the key concept of the credibility and the credibility of justice and defines the public credibility of the judiciary, analyzes the specific characteristics and composition, analysis of the basic theory of the premise I the writing, but also lay the foundation for the later improvement suggestions are put forward.The second part analyzes the judicial credibility evaluation standard and function, the public credibility of the judiciary to need a clear standard. This part is from the two aspects of judicial justice and satisfaction of quality and quantity point of view to define the standard of judicial credibility. It has important social significance of the public credibility of the judiciary to improve: conducive to promoting the construction of democracy and the rule of law in China, maintain social stability and unity, to strengthen the social fairness and justice, enhance the judicial authority, to maintain the dignity of law, deepening the law-abiding citizen consciousness, cultivation of legal belief, analysis the necessity which is the public credibility of the judiciary to improve and research.The present situation and causes of the third part is the analysis of lack of public credibility of the judiciary in China, from the reality of our country is analyzed, the present situation of the credibility of judicature in our country, mainly litigation-related petition cases are rising, execution rate is not high, difficult to execute the phenomenon is still serious, the public on the running situation of the judicial system of recognition is not high, reason and the forming are discussed.The fourth part is the countermeasures to improve the credibility of our judiciary, aiming at the problems put forward in the third part, countermeasures are put forward in this paper. The key is elaborated from the construction of the rule of law culture, perfect legal system construction, enhance the social security point of view.
Keywords/Search Tags:Judicial, Credibility, Countermeasures
PDF Full Text Request
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