A Study On The Creation And Construction Of Judicial Authority

In the developing process of modern society,the construction of rule of law has always been emphasized.Judicature is closely related to social justice,and is regarded as the last defense line of justice.With the development of society,the general economic situation of human society began to transfer into commodity economy.The evolution of judicial system should be aimed towards respect of the two dispute parties,protection of private rights and close connection with the commodity economy.Therefore,judicial development‘s authorization and modernization of a country has become one of the most important standard to judge social evolution.In recent years,besides the construction of modernization,the boost of national economy,the improvement of people's living standards,the building of the socialist country governed by law is also under progress.In the process of legalization of country administration,people's dependence of law,need of justice grow instantly.Currently,our country has gradually established a legal system of socialist with Chinese characteristics;the concept "rule of law" has begun popular.A good atmosphere of law has appeared,legal consciousness of the public has begun to increase;they have begun to use legal means to guard their legitimate rights and interests.Our society is currently on a stage of rapid development,social structure changes drastically in this period.Then new social contradictions and conflicts occur.Confronting this situation,legal constructions are urgent for the integration of social resources,in order to create a society with harmony,thrive and development.In this process,justice has also become nothing more than important means and last defense line to maintain rights of citizens and solve all kinds of disputes.However,when judicature lost its authority,this defense line will be useless or even disappear.The judicial authority is the guarantee of a stable and effective judicial power.Authority includes pomp and power;the Contemporary Chinese dictionary defines authority a respectable,fear,convincing prestige or power.Judicial authority the convincing prestige and the strong power owned by judicature.Under judicial authority,high degree of unity between mandatory and voluntary obedience,at the same time,authority and prestige was achieved.To establish and maintain the judicial authority is the inevitable demand of building a country ruled by law,and is also the basic requirement for our party to adhere to the rule of law and democratic governance.And the strength of the judicial authority is also one of the important signs of the rule of law in different countries.For a single legal system,judicial authority is also a kind of guarantee to legal authority.Therefore,it is of theoretical and practical value to analyze and study the formation and construction of the judicial authority.In recent years,judicial reform has been actively carried out in China.In the party's the third Plenary Session of the 18th CPC Central Committee,it is clearly announced that in order to better carry out the construction of the rule of law,a good job needs to be done in the judicial reform.This meeting comprehensively explained the deployment of the rule of law,puts forwarded that it is necessary to guard judicial justice and improve judicial authority.Seeing the current situation,the judicial authority and the judicial credibility has become hot issues of public concern,reflecting people's strong pursuit of the judicial authority.To construct and maintain the judicial authority is the reason of justiee.This artiele focuses on judicial authority,analyzes the definition,origin and characteristics of judicial authority,tries to explore the concrete construct problems of judicial authority based on the formation mechanism of the judicial authority and its influence factors.This article is divided into seven parts.The first part is the introduction,which introduces the social background and the current situation of the judicial authority and challenges,and reviews the existing research results and so on.The second part of the judicial authority is the ontology analysis,which introduce the concept of judicial and judicial authority.The third part is the basic theory of judicial authority,including sources,composition,value and function of judicial authority.In the fourth part of the article,this paper analyzes the formation and construction of the judicial authority of the western countries,explains the idea of western justice,analyzes the formation and construction of the western judicial authority,so as to provide references for China.The fifth part of the article based on the formation and construction of China's judicial authority,and analyses the formation mechanism of China's judicial authority.Through analysis,it is believed that the judicial activity should be of justice,the judicial decision ought to be final,and the judicial referee should have the executive power.Further more,two kinds of construction mode of judicial authority are introduced,and the research on the mode of government promoting mode of our country is also conducted.In the sixth part the influence factors of judicial authority is analyzed from both internal and external.The seventh part,also from the inner and outer two aspects,researches on concrete construction path to the building of China,s judicial authority.Through the research of this paper,the definition and the source and the characteristic of the judicial authority are analyzed.Based on the analysis of the formation mechanism and influencing factors of the judicial authority,the specific construction of the judicial authority is preliminarily explored.It has been clear that,under the vigorous legal society construction and judicial reform,the judicial authority is also facing extremely stem challenges.Therefore,in the process of construction of judicial authority,it is necessary to consider the influence of related factors.Construction of judicial authority ought to be done from two aspects:both internal and external.Through this research,we can enrich the theory of the formation and construction of the judicial authority in China.It also provides some reference for the development and improvement of China's judicial reform.But under the influence of the author's personal ability,is some deficiencies still exist in the research of this topic.In the process of building a country under the rule of law in our country and the construction of judicial authority,it not only needs to follow certain judicial rules,but also needs to fully take into account the reality.Only doing these judicial reform can be better carried out and judicial authority be finally set up.