Analysis Of Judicial Credibility In The Perspective Of Legal Method

Judicial credibility is the inevitable premise and basis to build a country ruled by law. Judicial credibility is not only beneficial to realize the value of law, to guarantee social fairness and justice, but also help to enhance public confidence in the justice and faith of the law, and it helps to establish a social credit system. Thus, judicial credibility problem is an important issue of legal theory and practice which can not be avoided. However, though we have made great achievements during three decades years of reform of the judicial system, there are still worrying problems on the shortcomings of the judicial system, such as judicial corruption, low efficiency of litigation, lack of respect for human rights and so on. Especially in some difficult cases it is particularly evident, such as “Xu Ting case”, “Peng Yu case”, “Zhao Zuohai case” and “Huge case”.The emergence of these miscarriages of justice make the public to question the authority and impartiality of the judiciary and lost the trust and respect of justice, which produced a number of adverse effects.In such a situation, it is necessary to analyze the causes in the lack of judicial credibility, and to explore an effective way to enhance the judicial credibility. Current researches are mostly focus on the external factors, such as independence of the judiciary, judicial openness, judicial oversight and so on. But in this article, the author attempts to use legal method to explore the ways to enhance judicial credibility.From the perspective of the legal method, the current factors affecting judicial credibility are: lack of openness in the administration of justice, lack of judicial interference ability and referee reasoning. Legal method is important to establish judicial credibility. Firstly, it can achieve the “visible justice”. Secondly, it can guarantee the independence of judges fair trials. Finally, it can promote the referee reasoning. In addition, to use legal method also requires a series of system security, such as to strengthen education and training of legal method to enhance the judges’ judicial capacity, to establish the independence of judges’ judicial system, to improve the referee reasoning mechanisms. By constructing and improving these systems aspects, to ensure the legal method’s full and correct use in the judicial process, so that can achieve judicial credibility at the micro level.