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Restoring The Authority Of Judicial In The Era Of Change

Posted on:2018-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y P QinFull Text:PDF
GTID:2336330515470125Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The reason of the court is favored by people,the fundamental cause is that the judicial authority has authority.Of course,this authority may be weaken with certain impacts.The influence factors of the judicial authority is complex: first,the judicial characteristic has an important influence on the judicial authority,the judicial nature of impartiality,openness and finality determine the justice has good properties,the property is the basic guarantee of judicial authority;second,the judicial authority is also dependent on the protection of legal system,and it is protected by the national force,anyone touched the "red line" must bear the legal responsibility;third,the judicial authority is affected by the people's trust,Under the background of necessary authority,the judicial activities shall be conducted along "the path of justice",the results are the justice has been achieved and the judicial works have been recognized by people generally,the recognition will be accumulated and evolve into judicial trust slowly with the time,and the trust is the reflection of the judicial authority;fourth,the total space power structure is fixed,all kinds of power need to get more space through competition,space expansion or reduction means the changes of power status,and the authority will be affected by it;fifth,the decision relates to the vital interests of the parties,the justice judgment results public recognition easyly,although this recognition shows up in public respect and understanding the particular case of the ruling,but the accumulation process of individual justice also the process of establishing judicial authority;sixth,trial activities and religious activities are in line,the religious ceremony has profound influence on the judicial ceremony,solemn ceremony and the serious environment can make the immersives in awe.The reconstruction of judicial authority is an important part of the current judicial reform.Today,the legal quality should be improved,the independence of the trial,lack of public legal adjudication,effective ruling can't perform and some judges deviant use rights and other issues have become increasingly prominent,it not only been criticized by the academia and industry,but also hinders China's judicial work and affects the judicial work,reduces the public trust in the judicial system,especially the court organs,the judicial authority is eroded slowly.We can find that the main weakening performances of judicial authority are the position of judicial authorities are not high,the professional sense of honor is shrink,people not willing to believe or not believe lawsuits and the court's decision sometimes can not be recognized,etc.To establish the judicial authority must do the following: one is to change the guiding ideology of legislation,to perfect related legal laws,to promote the further improvement of the legal system in China,to provide a good institutional basis for judicial activities of the court;two is to highlight the independence of judicial,deal with the problem of leading cadres interfere with justice illegally and take words as the law,and reject administrative interference in the judicial firmly,the judges need to correct attitude with the reasonable pressure of public opinion and the system,remember the law is the only code of conduct;three is clean up the environment by prevent judicial corruption,to improve the comprehensive quality of judges and the accuracy of the jury system to improve the accuracy of law,strengthening the evaluation of professional behavior of judges can avoid the breeding of injustice behavior;four is train people's legal belief and improve the professional quality of judges by legal internalization,efforts to build the obey laws' environment;five is maintain the judicial authority by keeping effective judgment and establish civil enforcement system;six is require judges to dress uniform at work and pay attention to their own words and deeds,abide by the rules of court in the judicial activities fully,try to maintain a good image of the judicial team.
Keywords/Search Tags:Judicial Authority, Remolding, Judicial Justice, Judicial Independence, Judicial Etiquette
PDF Full Text Request
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