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Judge Authority And Judicial Credibility

Posted on:2019-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:R H YuFull Text:PDF
GTID:2356330548455679Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
Judicial credibility is a system that involves people's appraisal of the judiciary.The judiciary group is one of the most important judicial subjects.It can be said that the people's appraisal of judges directly concerns the construction of judicial credibility.However,if we only use the subjective evaluation of the masses as the criteria for the judgment of judges,it is bound to form a kind of “public opinion trial”.This will not only weaken the authority of judges,but also cause “dissimilation” of judicial credibility.This does not mean that the authority of judges and the credibility of the judiciary are a kind of antagonistic existence.On the contrary,they are just like the two sides of the contradictory movement.It is necessary to realize the perfect status of the two in the continuous development of the unity of opposites.This state requires a state of positive interaction between the authority of the judge and the credibility of the judiciary.Judges with authority need their proficiency in legal knowledge,deep social experience,high professional qualities and ability to make judgments independently and independently,and these can be regarded as prerequisites for fair decisions and justice,so the purpose of this article is to pass the authority of the judge.The promotion will thus strengthen the construction of judicial credibility.Raz built his authority theory on the basis of practical philosophy,and used authoritative theory as his theoretical basis to demonstrate the source of law,thus achieving a strong separation of law and morality.The practical characteristics of Raz's theory provide a useful reference for the discussion of judge's authority in this article.The final realization of judge's authority needs to make the judgment become an independent and exclusive reason for the parties.This can be said that the judge has a good state of authority.To achieve this state,it is necessary to analyze the judge's authority in depth and classify it rationally.Therefore,this article divides the judge's authority into political authority,professional authority and legal practice authority.Through the exploration of the three ways to enhance the authority to fundamentally improve the authority of judges.Because of the existence of authoritative public opinion,the judgment of the judge must be an exclusive and exclusive reason for content.It is necessary to handle the contradiction between authority and people's autonomy.Only by properlyhandling this relationship can the authority not become "authority." The performance of our people's autonomy in the judicial field is mainly reflected in the extent to which public opinion affects the judiciary.Therefore,the purpose of this paper is to use public opinion as a form of expression of people's autonomy in the judicial field,and to try to use a judicial system that is people's jury system.The legitimate inclusion of people's autonomy into the judiciary as a carrier allows public opinion to exist in the judiciary in a legally plausible and reasonable way,and to a certain extent resolve the paradox of authority and people's autonomy.To reach a good state in which the people convinced judges and trusted judicial remedies.
Keywords/Search Tags:Judicial credibility, judge authority, authority paradox, people autonomy
PDF Full Text Request
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