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Study On The Construction Of Judicial Credibility In Our Country

Posted on:2017-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y J LiFull Text:PDF
GTID:2346330503990330Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In February 2016, a female judge at the Chang ping District People's Court was shot to death by a litigant of a divorce case judged by her. This incident has aroused wide attention in the society, and the judiciary argue that the judges today are like “ dancers on the knives”, they could just not have their safety guaranteed. The scholars argue that the professional guarantee system of judges and prosecutors should be established after rational analysis. On the contrary, the phenomenon that the public should applaud for the murderer makes us wonder that why the public is so unsatisfied with our justice system? We have to consider that what makes this happen and what we should do to save the judicial credibility and reshape the judicial authority in face of these distrustful public.Jurisdiction is the last defense to approve fairness and justice, credibility is its essential requirement. Jurisdiction without credibility is just like law without faith. We can not relay on it to protect public's lawful rights and interests, nor can we reach the goal of rule of law. So it's an urgent task for us to realize the judicial justice and build judicial credibility so as to win the trust of the public.The fact that the judicial credibility is low is not appear overnight, nor is it arouse by just one factor. So it can't accomplish at one stroke to increase the credibility, it needs systematic construction and improvement. But we have to realize that the most important point lies in the trail process. Trail is the key point and the last defense of litigation. The public should be finally convinced by the fair trail. So if the trail is unfair, their rights can't be protected properly, they would not believe in the judicial system, not even laws. So to assure the fairness during the trail procedure will definitely the key to construct the judicial credibility.There is no wonder that it is the judicial procedure that ran through the whole trail system and guarantees the justice. With the function of the judicial procedure that absorbing discontent and inhibiting judge's subjectivity appearing increasingly, as well as the handicaps of reaching a consensus in the aspect of substantial justice which is under the diversification benefit structure. Judicial procedure increasingly plays an important role in strengthening justice, in improving the protection of human rights and in enhancing judicial credibility. With the purpose of promoting the construction and promotion of judicial credibility, the article improves the publicity and impartiality of justice system by studying the inherent link between judicial credibility and trial procedures.
Keywords/Search Tags:Judicial credibility, Procedural justice, Judicial procedure
PDF Full Text Request
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