论司法公信力

On Public Credibility of the Judiciary

司法拘束力和司法公信力是司法权威获得普遍服从的两大资源,而司法公信力则是司法权威的核心要素。司法公信力是司法赢得社会公众信任和信赖的能力,这种能力直接取决于司法在拘束力、判断力、自制力和排除力方面是否能够经得起公众的信任和信赖。司法公信力的确立与司法队伍个人素质状况和司法制度安排有直接联系,但后者更为根本。

Judicial sanction and public credibility of the judiciary bring about people＇s general submissiveness to judicial authority, and public credibility of the judiciary is the key to judicial authority. Public credibility of the judiciary is the ability of the judiciary to win public credibility and trust, and this ability comes directly from people＇ s confidence in judicial sanction, judgment, self-control, and exclusion. The establishment of public credibility of the judiciary has everything to do with the qualifications of the judicial staff, and the judicial system, especially the latter.