The Jurisprudential Analysis Of Judicial Corruption

This thesis tries to study from the view of jurisprudence, using positive analysis and starting with the complicated causes of the formation of judicial corruption to deeply explore the effective ways for the resolution of judicial corruption. Meanwhile, the thesis displays the author's own opinions about the current status and future of judicial reform in China. In structure, it consists of five parts including introduction, three chapters of body and conclusion.The introduction firstly points out that in the new situation of developing socialist market economy, the problem that a minority of judicial staff in some places violates the law and discipline stands out and has endangered the justice of judicature and social stability. Corruption of officials and corruption of judicature are the most serious corruptions as well as the crucial factor to grow and fosterage other corruptions. Then a real case has showed that nowadays judicial corruption is a hotspot that attracts attentions from both theoretical field and practical field. The case that Zhang Weiyin, the executor of executive agency of the court of Jiangning section in Nanjing City, had embezzled 360 thousand yuan of the execution fund has reflected many universal problems such as powers lack domination, supervisions cannot follow up and the system itself has leaks. All these factors have the effect of catalyzers. These have also reflected the common characteristics of many cases of judicial corruption. Through the illustration of the current status of judicial corruption, the thesis emphasized that to make further reform; we must pay attention to judicial corruption. Only to explore the roots of the judicial corruption by steady research can we effectively control the trend of the expanse of judicial corruption and then get rid of the biggest obstacle on the road of the persistent development of judicial reform.The first chapter is the explanation of corruption and judicial corruption including studies on corruption, studies on judicial corruption and studies on the relationship between corruption and judicial corruption. The first and second sects relatively discuss the defination, features, foundation and major representitive forms. By listing several representitive forms of judicial corruption, it shows that judicial corruption finally damages the justice of judiciature of the country. The third sect stresses the relationship between corruption and judicial corruption and shows that judicial corruption is more harmful than any other corruptions. If there is no balance in power, corruption will emerge. Because power is connected with benefits and it has the inclination to expanse without limit. Looking back to the history, where there were corrupted officials, there might be judicial corruption. If there was judicial corruption, by contrary, there might be further official corruption connived by judicial corruption. In a ruled by law country, if there is official corruption and any problem in administration, the public can still have confidence on the country by relief of jurisdiction and punishment of corruptions. Just judicatory is the last barrier to punish the corruption. The tasks of judicatory are to relieve the damaged rights and to renew the trodden justice. However, if the jurisdiction has any problem, it means that the last one to which the public can appeal is useless. Therefore, anti-corruption needs anti-corruption of judicatory first.The second chapter analyzed the causes of the formation of judicial corruption including five parts. They are the drive of human nature, accumulation of historical reasons, effects of environment, current system of power separation and defects of judicial system. Where there is judicatory, there is corruption. Judicial corruption, as a serious social problem hard to cure, it has very complex causes of formation. From the point of view of philosophy of law, the fundamental cause of judicial corruption is the scarcity of power and selfishness in human nature. The dissimilation of power because the process of the exertion of power needs to recur to private person lies subjectively on the defects of human nature of judicatory personnel, demands of individuals and the fall of morality; objectively on the non-regulated acts or temptation of the objects of power. Environmentally the bad habits of national cultural tradition and the change of social values can also become the causes of judicial corruption. This chapter analyzes the causes of judicial corruption from the five sides and provides directions for the research of resolution of judicial corruption.The third chapter studies the research ways of the resolution of judicial corruption including three sects. There are relatively several kinds of opinions at present, comments on these opinions and basic ways of resolution of judicial corruption. On the basis of the conclusion and analysis of several kinds of opinions and methods in the current theoretical field and practical field, using materialist dialectics the author brings forward four factors necessary for resolution of judicial corruption. The first one is to make the self quality as fundamentality. The second one is to build a complete operational system is the basis. The third is that to set up a healthy supervision system is the safeguard. The fourth one is that the renovation of social situation is the necessary condition. Analyzing from the internal factors, on one hand, it is necessary to ensure the level of the quality of judicial staff. If people have suspicion on the judicial staff, they will also have suspicions on the process and result. Therefore, how to advance the quality of judicial staff and change the people's impression of them is the basic work to remold the authority and justice of judicature. On the other hand, it is necessary to build complete operational system. We can see in history that why judicial corruption has gone with the developing history of law of human society is because that judicial corruption emerges from a kind of operational system instead of from the subjective desires of corrupted people. From the external factors, on one hand, a healthy supervision system must be set up. Only to set up a relevant supervision system at the same time when endowing power, can power take its positive effects properly. Law regulations, relative to ethics have noncomparable generality, authority and compulsory quality, so it is imperative under the situation to enforce lawful supervision. On the other hand, the renovation of social situation is also very important. From the analysis of causes of judicial corruption, the effect of social environment is an important external factor. It is essential that some effective measures are to be adopted to renovate the environment where corruption grows so that corruptions lose their foundation of living and meanwhile it enables courts and judges avoid external influence to execute the law justly and carry out their duties correctly.In conclusion, the author points out that the task of controlling judicial corruption is difficult and time-consuming. But as long as we take the road of democratization of judicial behavior and rule by law of political life, have the education and precaution on thoughts, improvement and execution of system, safeguard and development of social environment to make the judicial staffs are not able to corrupt, dare not to corrupt, have no necessary to corrupt and wish not to corrupt, we can control and prevent judicial corruption and finally clear all corruptions in the judicial field.