Study Of Judicial Trust Issues In The Context Of China's Modernization

Regardless whether we admit or not, China is already pulled into the progress of modernization. It is necessary that we consider deeply the modernization oneself, and study the question of the rule-of-law under such background. We know, the social theoreticians overstep the lawyers far and far to the achievement about the modernization problem, it will be a valid method of drawing lessons from these results to research the concrete law problems.Current conditions of worldwide competition, increased demands of product quality and delivery times etc., seem to presuppose a high level of cooperation between person and society, especially in complicated social relationships. Against this background, the question of how the development of network structures and trust can be fostered in personal and social relationships has moved center-stage. In this paper, the writer wants to make use of the method of sociology to learn Chinese judicial trust. Why does public trust in the justice system drop down with reformation of the system? This is an actual and concrete problem, has got a deep social source. Only the social source has been found out, and can discover innate character and nature of the problem. Therefore, the writer will try to analyze the problem of judicial trust with the researching results of sociology.As a basic problem Chinese modernization is theoretically developed in the first part. Because the part is very important, it is necessary to give detailed argument. The writer expatiates on the abroad theories of modernization. Through analyzing general laws of modernization and characters of Chinese modernization, developing the definition of Chinese modernization.The second and third part is the theoretical foundation of the paper. The writer discusses the theories of trust firstly, and expounds the theory of judicial trust in the later part. Exactly, in the second part, the writer analyzes the definition, social function, classification, and mechanisms of producing and maintaining oftrust. The writer puts forward the argument on judicial trust theoretically in the third part. The part is divided into four sections as follows: (l)the definition of, (2)The position and value of , (3)The function of, (4) the mechanism of producing and maintaining of judicial trust.The writer illustrates the realistic condition of Chinese judicial trust with some materials and data in the forth part, and believes that these be empirically tested can find out its existent problems more directly.The fifth part is the conclusion of the paper. The writer learns the deep reason of the crisis of Chinese judicial (rust in this part. On one hand, the writer explains how the moderation does influence the structure of trust in the social realm. It is detailed to explain the modernization how to cut off people traditional structure of the trust, and new mode hasn't been built at all. On the other hand, the writer subdivides three sections to analyze the influence of modernization to judicial trust. First, modernization makes judicial trust a necessary factor in developing the rule-of-law society. Then, it changes the structure of judicial trust. Third, it turns the character of the judicatory.After analyzing the problems and reasons of the crisis of public trust in Chinese judicatory, the writer puts forward a litter of conception. The deep source of the law problem consists in society, it is on the premise of building judicial trust system that develops social trust mechanism, two aspects promote mutually and complement each other. Establishing modem trust structure in social realm is the key to promote judicial trust, and promoting public trust in judicial system is the core of judicatory reformation, and building the modern judicatory on the basis is necessary to develop rule-of-law society in china.