On The Trust Of Law And Its Construction In China

As the declaration of the socialist system of Laws with Chinese characteristicswas completed in2010, the main emphasis of Chinese legal system construction hasbegun to transfer from the law-making stage to the law enforcement stage. However,the symbol for measuring success of a country’s rule of law consists not only in thehardware facilities,such as the sound legal system and legal procedure, but also in thesupport of software, such as the people’s affection and consciousness of law, whichalso means that the trust of law and the identity of rule of law from the people’s heart.Moreover, the identity and the trust is the motive power which is constructed the legalorder. China is in the rapid social transition period at present, the effects of the socialfracture, system disorder, personality disorder and other factors are caused the socialcrisis of confidence.And that the legal crisis of confidence is the most fatal crisis allforms of social trust crisis. Because the society in modern is the kind of state ofcivilized society, which is based on law-driven mechanism to resolve disputes,construct social order, access to justice. And the trust of law as supporting factors toconstruct the rule of law order, which provides the impetus for the effective operationof the law, the achievement of legal effect and the maintenance of the legal order. Thetrust of law holds cohesion function with conception of the rule of law, legal actsexcitation function, the legal value of the integration function. Therefore, itshoulders the important task to construct the rule of law in order to resolve the socialcrisis of confidence. The focal point that the reconstruction of social trust lies in theconstruction of the public trust in the rule of law. We must make social memberestablish trust in other people on the basis of the legal system, legal procedure andsocial norms. So how to establish the trust of law becomes the primary task of legalorder construction. We believe that the rule of law in China under the background ofthe era of globalization and social transformation, it is necessary to use the procedural justice theory to guide the construction of the trust of law. Because the trust of law isnot only public law recognition and trust of the subjective mental attitude, but also amore stylized, institutionalized pattern of behavior. The modern rule of law in essenceis the rule of governance. The rule of law carrying people’s rational expectation,which refers to freedom, order, justice, human rights and other legal value. Thepeople of the establishment of the trust of law is the legal procedures to achieveinstitutionalization, in this sense, we can say that the modern rule of law is not onlythe rule of law, but also "procedure rule". The essence of modern rule of law is torestrict the state power and the protection of civil rights. While due process is one ofthe most important functional mechanisms that protect citizens’ right and limits statepower. For this reason, the due process of Law is coordinated the relationshipbetween different social groups and different values to condense the consensus of ruleof law in the whole society. The modernization road to the procedural rule of law isthe ideal way which to deal with the social transformation in China and the peoplewho look forward to legal order. Nowadays in Chinese society, as a typical form ofthe trust law of the judicial credibility has become a block down or even loss of therule of law in China. Based on this, we believe that the theory of procedural justice asthe foundation, to improve judicial through the due procedure credibility has becomethe key task of current justice and the rule of law construction.