摘要
引言司法公信力本來是民眾對司法的信任問題。但它引發了業內人士的「司法評估熱」,儘管目前學界稍有「退熱」,但在司法系統已被納入長期工作計畫。對司法公正或公信力的評價,不能忽略一個前提問題一司法的哪些因素是可評價的?這個問題又涉及一系列問題:哪些因素令我們感覺到司法的存在?哪些因素使我們感覺到司法公正與否?哪些因素構成民眾所謂的「司法公信力」?
Introduction Judicial credibility is essentially an issue about public confidence and trust in the judiciary, but it has triggered a 'judicial evaluation fbver” among the professionals. Although such craze in the academic community is slightly faded, it has already been included in the long-term work plan in the judicial system. On the evaluation of judicial justice or credibility, we cannot ignore a premise question-What factors of the judiciary are evaluable? This question involves a series of questions: What factors make us feel the existence of justice? What factors make us feel that justice is fair or not? What factors constitute the so-called 'judicial credibility"?
作者
孫笑俠
Sun Xiaoxia(Fudan University Law School)