法治中国时代司法公信力的提升路径——以程序正义理论为视角

The way to Improve the Judicial Credibility in the Era of Rule-of-law China——From the perspective of procedural justice theory

随着法治中国建设进程的加快和司法体制改革的全面铺开,法治中国开始驶入快车道。以当事人司法程序参与权缺失导致涉法涉诉信访泛滥、司法人员职业伦理沦落导致司法人员弊案频发和正当法律程序运作失灵导致冤假错案不时发生为表现形式的司法公信力现状已然严重影响到现代法治秩序的建构与稳定。以程序正义理论为导引,将程序正义理念注入司法体制,推进以审判为中心的诉讼制度改革,彰显司法程序的中立性、平等性、公开性、自治性和效益性,重塑司法程序性权威,进而提振司法公信力成为深化司法体制改革、全面推进依法治国的可行性路径选择。

With the acceleration of the process for building the rule-of-law China and the overall reform of the judicial system, China is walking on his highway to rule by laws. The parties＇ lack of the participation rights in the judicial procedure led to the abuse of law-related and lawsuit-involved petition. The moral decay of judicial personnel＇ s occupation ethics incurred frequent scandals. Misjudged cases often occurred for the malfunction of justifiable legal procedure. These made judicial credibility conducted serious influence upon the building and stability of modern rule-of-law orders. Guided by the theory of procedural justice, we should fuse procedural justice concept into the judicial system, promote trial-centered litigation system reform, highlight the judicial neutrality, equality, openness, autonomy and effectiveness, reshape the judicial procedural authority, thereby improving the credibility of judicial system, and make it an available path to deepening judicial system reform and propelling comprehensively the ruling country by law.