司法公信力的内涵解读、现状问题及构建路径

The Interpretation of Justice Credibility,Its Current Problem and Construction Approaches

司法公信力是社会公众对司法机关及其活动所具有的信心、信赖状态,它是确立法律权威的必要条件,是构建法治社会的基本保障。司法公信力的构建具有较强的理论价值和实践意义,它能实现社会控制、维护司法权威、实现司法平衡,有利于推进依法治国、建设诚信法律体系以及实现良性司法权运行机制。司法公正、司法独立和法律信仰等是影响司法公信力的相关因素,然而我国司法公信力的现状令人堪忧,现行法律制度存有缺陷,公信力不高,并遭受种种困境。构建我国司法公信力,应该积极推进法律制度的完善,建立独立的司法运行机制,不断完善和优化司法体制内外的民众参与模式,并创设健全的司法公信力评价体系,以促进我国司法公信力的养成和提升。

Judicial credibility refers to the state of confidence and trust the public holds in the judiciary and its activities.It is a requirement to establish the authority of law and the basic guarantee for building the society ruled by law.The construction of judicial accountability is of great value and significance both in theory and in practice.It can help realize social control,safeguard judicial authority and obtain judicial balance.In addition, it is conducive to promoting the rule of law,the construction of credit legal system and the building of benign operation mechanism of jurisdiction.Judicial fairness,judicial independence and legal beliefs are the factors that affect the public credibility of the judiciary.In terms of the judiciary credibility in current China,however, there are deficiencies such as defects in the existing legal system,low credibility and being subjected to many difficulties.To improve the situation,we should promote actively the perfection of the legal system,establish in-dependent judicial operation mechanism,improve and optimize constantly the public participation in and outside of the judicial system.Besides,a sound judicial credibility evaluation system should be created so as to develop and enhance our judicial accountability.