Research On Promoting China's Socialist Judicial Civilization

Socialist judicial civilization is the important content of China's political and rule of law civilization.In recent years,our country have promoted judicial civilization construction in our country in rule of law and socialist spiritual civilization area.But from the result of the assessment of the status of judicial civilization in last two years,China's judicial civilization level is low,and has not reached a moderate level.China's socialist judicial civilization construction still has a long way to go.This paper is divided into three parts:The first part describes the connotation of socialist judicial civilization.Firstly,This part expounds the connotation of civilization.It is pointed out that civilization has the social attribute,a social existence,it represents is a state of progress;civilization has the attributes of practice,which represents all the achievements of human activities and practice;civilization of material attribute refers to all the wealth created by human beings,also has mental attributes,including especially the spiritual wealth.Secondly,this part discusses thoroughly the connotation of judicial civilization,and it is refers to the sum the accumulation of legal culture of human and Judicial institutions in dealing with all kinds of cases.It involves a wide range of content,including the rich content of the judicial philosophy,judicial system,judicial principle,judicial norms,judicial condition and judicial behavior mode.And then,this part discusses the empirical criteria for judicial civilization,including:neutrality,independence,professional,authority and procedure,judicial justice.this part also discusses judicial civilization value standard,including: basic human rights and humanitarian,public principle,democracy and rational.Third,this part then clarify that the connotation of socialist judicial civilization is the judicial civilization in conformity with China's national conditions and the state of development.It not only has characteristic of China,also includes the core content of the general judicial civilization.Finally,this part describes the important significance of promoting the socialist judicial paper in China.The second part illustrates the current situation and existing problems of the socialist judicial civilization in China.Firstly,this section explains our country judicial civilization evaluation system,including China's 2014 and 2015 judicial civilization in the scope of the investigation is concentrated in the four areas: judicial system,judicial practice,judicial subject,judicial culture.It also explains China's rule of law civilization assessment tools,China's judicial civilization collaborative innovation the new center on the basis of“higher school innovation ability enhancement program research and development of the judicial civilization index China justice index system.On the basis of the index system,we can accurately evaluate the status quo of China's judicial civilization.Followed,then this section introduces the status quo of China's judicial civilization,the judicial civilization level in our country has not reached the medium level in 2014.According to Chinese judicial civilization index 2015,the results of the survey showed that Chinese judicial civilization level in 2015 was slightly lower than that in 2014,and 20 provinces and cities were already more than the pass line,but there was not a province reached 70 points to the medium level.Finally,this part illustrates the main problems existed in the development of judicial civilization in China.Judicial unindependence,judicial power cannot be run independently.Judicial corruption was a serious obstacle to the construction of judicial civilization,and judicial corruption has seriously affected the credibility of the judiciary authority and judicial decisions and rulings.China's judicial professionalization level was low,and it greatly affected the judicial civilization achievements and subsequent development.Judicial supervision in our country was relatively weak,for the relevant laws and regulations about the judicial supervision was not perfect,and supervision procedure and the system was not perfect,and supervision subject and supervision power was not clear and so on.The third part describes the strategy of promoting China's socialist judicial civilization.First of all,to establish modern judicial open system,to promote the judicial transparency,effectively prevents the judicial officers damaging the legitimate rights and interests of the parties,and safeguards the social public and litigant's right to know,and makes them full access to the information in the process of exercising judicial power,and change the state of information asymmetry between the judicial authority and the social public and the parties.The operation and exercise of judicial power in the sunlight can prevent judicial corruption,and can enhance the judicial authority and credibility.Secondly,we should curb judicial corruption,in addition to increase judicial open and transparent,we should adhere to improve the internal judicial supervision system and the judicial system of external supervision,to encourage people to participate in and to strengthen the international cooperation.Thirdly,we need actively promote the judicial professionalism.We should establish strict judicial officer selection system,to improve the overall quality of judicial officers and to improve the professional level of our country's judicial.we should improve the job security of the judicial system,including: identity security,economic security and privilege security,to guarantee the judicial personnel shall independently exercise judicial power.we should actively promote the judicial professional training,vocational training for judicial officers,and help build a higher level of civilization and the rule of law and judicial civilization in our country.Fourthly,to strict and perfect the judicial personnel disciplinary mechanism,to encourage the judicial personnel self restraint,and disciplinary mechanism should be carried out in accordance with legal procedures within the statutory scope.Finally,we should uphold justice and protect the concept of human rights.The construction of modern judicial civilization must pay attention to human rights.Protection of human rights has become the basic principles of judicial power.It can guarantee the human rights in the process of judicial power or not,directly determining properties of the judicial system and the level of civilization.In order to promote the development of China's judicial civilization,we must adhere to the concept and principles of human rights protection.