The Components Of The Judicial Credibility Research

Currently, the situation of China’s judicial credibility is not optimistic. There are two main reasons for this, on the one hand, the phenomenon of “letters and visets, visits” emerges in an endless stream,social public satisfaction with the judiciary is not high, and court is facing difficulties. On the other hand, judicial activism is help up by the heat and the judicial loses its neutrality and extends to the administrative field. To solve a real problem, find the way to enhance the public credibility of the judiciary from the judicial slogans such as “Strengthen mediation, Listen to public opinion, Case trouble and Social effects”. In the choice of specific ways must rely on the “adhere to ”of judiciary instead of resorting to the political system, the judicial environment and other external macro way. It involves elements of the basic theory about the understanding of the judicial credibility. The credibility of the judiciary is source to the trust and obedience that come from the justice of the judicial authority in the public mind, which embodies a kind of justice for the people to respect and recognition in good condition. Base on the judicial justice, contain the objective dimension(judicial authority) and subjective dimension(public trust).To make the two dimensions of the subjective and objective view of mutual linked and unity. Among them, judicial justice forms judicial authority and judicial authority generates public trust so that judicial credibility is manifested. The reason why judicial justice is the basic factor of judicial credibility is that fairness and justice have always been human’s lofty ideals in all ages. In the concrete path of judicial justice, we need to stress the original value pursuit of rule of law is formal justice, procedure justice and general justice, making the masses first feel “visual justice”. But under particular circumstances, the intervention of factors like substantive justice and justice in concrete cases should be permitted to correct the possible unjustness and the conflict between sentiment and reason. And as the objective degree of dimension of judicial credibility, judicial authority is an institutional authority and rational authority, mainly coming from the authority of judicial power, judicial process and judicial procedure, of which the authority of judicial process includes the authority of ruls of law, judicial subject and judicial decision. And public trust is both the objective performance of the lifted judicial credibility and the social foundation for judicial credibility to maintain itself. As the subjective degree of dimension of judicial credibility, the respect, obedience and trust of the public to judicature include the factors of law faith, judicial democracy and judicial supervision. Interpreting the deserved connotation of judicial credibility by three clear and concise dimentions of judicial justice, judicial authority and public trust both gives consideration to the internal connection between judicial credibility and judicial justice, and comparatively completely describes the assessing criteria as a must of judicial credibility, through objective influence(judicial authority) and subjective attitude(public recognition) two levels.