Research On The Influence Of Judicial Advice On The Optimization Of Public Policy

In China has been committed to through the exploration of new mode of social governance to build perfect social order,despite the current administration method is still dominant,but the legal system into social governance mode gradually play a benefit in our country there has been a judicial proposal at the beginning of the founding,its functions are: to reduce and prevent the occurrence of social disputes,the increase of social common law consciousness,participation in public policy making,and so on.Now it has become an important way for courts to provide social judicial services and assume social responsibilitiesDue to the social responsibility of the judiciary,the court must take the initiative to break the "barriers" within the scope of the legal profession,and constantly seek breakthroughs,so that the professionalism and ability can be connected with the social reality.The judicial suggestion system in the new era requires the judge to exert his "technical rationality" as much as possible,so as to innovate the means of working mechanism.Through the analysis of the information data of judicial proposal information database,combined with the experts and scholars on the study of judicial proposal,the author believes that the current judicial proposal to participate in public policy making facing difficulties and dilemma lies in judicial proposal quality is not high,the content of the judicial proposal to the implementation and feedback link shortcomings,making it difficult to play in the role of social and public policy.Accordingly,the author thinks that most of the suggested subjects are not active enough to accept the judicial Suggestions of the court,have no consciousness and regard themselves as the subjects of social governance.Therefore,few of the suggested entities will truly make the judicial Suggestions become the optimization basis of public policy and improve the working methods accordingly.In addition,the difficulty in achieving effective governance results from the uneven quality of judicial advice.Although the court naturally gives access to richer and more comprehensive information,sometimes the Suggestions put forward in the advice are too vague and the feasibility of implementation is insufficient due to the lack of professional competence and trial experience.For example,"strengthening management" and "raising awareness",these Suggestions are not only unconvincing to the recommended subjects,but also make it difficult to accept and implement them.Admittedly,sometimes the expectation of judicial advice function is too rational,and those who design the system consider it as a "solution provider",without taking into account the different positions between the court and the proposed subject,information asymmetry and other problems.All social subjects should work together to solve social problems.This is the essence of social governance.In order to improve the invalidation of the participation of judicial Suggestions in public policy making,it is necessary to improve the work of judicial Suggestions through the thinking of social governance.The specific contents include: establishing the open mechanism of judicial Suggestions,improving the linkage mechanism of various social subjects,and enhancing the legal consciousness of social subjects.The establishment of the open mechanism can make the society understand the judicial proposal,so as to get more social recognition;The linkage of each subject helps to make the communication between the proposed subject and the court smoother,so as to better understand each other,promote the improvement of the quality level of judicial Suggestions in the court,and at the same time,strengthen the implementation of judicial Suggestions by the proposed subject;The purpose of enhancing legal awareness is to make judicial Suggestions,so that social subjects and even ordinary people can establish legal awareness,which is conducive to the implementation and improvement of public policies.Judicial suggestion is an important channel for judicial participation in social governance,which should give full play to its governance function in the social transition period,and is a judicial system with Chinese characteristics.However,the judicial suggestion system must keep the edge of judicial power,or judicial suggestion will be alienated.Based on the existing research results,this paper makes a detailed analysis on the theoretical basis of judicial establishment and how to optimize and improve the implementation of public policies,including: In social governance thinking of trying to solve the predicament of governance in the judicial proposal,think in the development,optimization of public policy is a judicial proposal to participate in social management the most direct,the most important form of expression,is adopted for the judicial Suggestions to improve was proposed subject improvement,enhance the legal consciousness of all social workers,and to realize the rationalization of public policy and optimization,from the change of the social public heart,so that they follow the execution of public policy,thus achieve judicial proposal optimization direct purpose and the role of public policy,improve the optimization of the effectiveness of public policy,promote the ascension of social governance.