Study On The Legal Culture Of Judicial Enforcement

At present,the process of building the rule of law in China is constantly advancing,and the socialist rule of law system is constantly improving.As a rational tool to solve social disputes and contradictions,justice plays an increasingly important role in maintaining social harmony and stability.As the last judicial procedure,judicial execution is the carrier of judicial justice,and its smooth implementation is an important reflection of the level of the rule of law in today’s society.Judicial execution is not only a means to achieve judicial justice,but also a procedural guarantee to build judicial authority and promote the generation of citizens’ belief in the rule of law.However,the difficulty of judicial execution has become an obstacle for the judiciary to give full play to its role in settling disputes and stopping disputes,which has brought serious obstacles to the reform of the judicial system in China.Some scholars put forward a series of measures to solve the difficulties of judicial execution from the aspects of our legal system,legal system and staffing.However,it is difficult to effectively solve the problem of judicial enforcement by relying solely on the measures at the institutional level,and it is also impossible to fundamentally explore the reasons for the difficulty of judicial enforcement.There are certain cultural factors in all human activities,and there are also corresponding legal and cultural factors in the process of judicial execution.In a word,judicial execution is a special representation of legal cultural phenomena.The legal cultural psychology,cultural concepts and cultural consciousness of judicial execution are deeply embedded in the ontological structure of legal culture and have their own ranks.Therefore,only from the perspective of legal culture can we solve the problem of judicial enforcement to the greatest extent.In order to further explore this issue,this paper is divided into five chapters and an introduction.The introduction briefly introduces the research background and significance of this paper,and summarizes the innovation of this paper.The first chapter introduces the concepts of judicial execution and legal culture respectively,and differentiates the deep meaning of these two concepts,and clarifies the logical relationship between judicial execution and legal culture.Chapter two starts with the legal and cultural psychology of the executed,and elaborates on the trust,fear and evasion of the executed and the resistance psychology of the executed to the judicial execution.Chapter three discusses the legal cultural concepts of the executed,judges and executives on judicial execution.Chapter four mainly talks about the consciousness of abiding by law and contract in judicial execution from the angle of cultural consciousness.The fifth chapter introduces the legal and Cultural Countermeasures to solve the difficulties of judicial execution,mainly from discarding the backward legal culture,strengthening citizens’ legal consciousness and cultivating citizens’ legal beliefs to explore the specific measures for judicial execution to proceed smoothly.