On The Public Identity Of Judicial Decision

By analyzing the acceptability of the referee, the author thinks that the Parties tothe case and the public who are influenced by their own interest and concern willform different or even completely different identity on a certain referee, Therefore,generally discussing the factors that can influence the referee acceptability, andputting forward the approaches to enhance the acceptability on this account is notfeasible. This paper argues that a clear analysis and research of this issue must bebased on the discussion of different audience as referee.In recent years, social public’s attention to the judicial cases have greatlyincreased with the development of information network. As the public has no directrelationship with specific judicial cases, its evaluation of judicial case is mainly basedon natural rationality. Therefore, the social public’s acceptability evaluation ofjudicial judgment has more objectivity than those of the parties to the cases, and hasmore guiding significance to the establishment of our country’s judicial credibility.However, see from our country’s current judicial condition, the enhancement of thesocial public’s concern to the judicial cases not only fails to improve people’srecognition of " justice as a last line of defense of social righteous", but also bringsabout a serious crisis of trust to our country’s judiciary. It seriously affects ourcountry’s judicial authority. In view of this judicial phenomenon, this paper mainlyconcentrated on the exploration of the factors that influence social public’s identity tothe judicial referee, and try to come up with ways to improve social public’s judicialidentification, With the purpose of helping to reconstruct the judicial trust and judicialauthority in china by the study of this paper.The demonstration idea of this paper is as follows: raising the questions-analyzing the problems-solving the problems. The paper is divided into three parts:The first part proposes the question, that is, puts forward the rationality of thisresearch based on the analysis of the general theories on public recognition of judicialreferee. In this section, this paper mainly focuses on the determination of what ispublic identity in the court decision, its characteristics and its measurement criteria.The most important part is the value analysis of public identity in the court decision. The second part analyses the problems. In this part, the paper analyzes the mainfactors affecting the judicial public identity. Since the separated discussion of factorsaffecting judicial public identity is too complex, this paper discussed all kinds offactors affecting judicial public identity by classification, that is, in accordance withthe legislative factors, judicial factors, social public factors and other factors. First, inthe aspect of legislation, it mainly analyzes the limitation of our country’s law, suchas legal illogic, hysteresis, rigidity, in order to explain the limitations of the law itselfwill make the disputes in the application of the law, and then affect the judicial publicidentity. Second, the judicial aspect. This paper argues that this is one of the mostimportant aspects which affect the judicial identification in our country. This paperanalyzes in this section the judicial independence, judicial openness, justice, judicialprocedure of judicial interpretation, the judge’s free jurisdiction, judicial adjudicativedocument form and the influence of judicial corruption on judicial public identity.Third, the social public. This part focuses on the analysis of the public as a specialreferee audience, it mainly analyzes the influence of the public psychology,awareness of the case details and legal literacy and other factors on the identity of thejudicial referee. Fourth, other aspects. This section discusses mainly the factors theauthor considered important in affecting judicial public identity, such as unjust, themedia and other factors, but these factors can not be classified into theabove-mentioned categories, so they are discussed here separately.The third part puts forward the approaches to the problems. This part of thearticle is mainly based on the factors affecting the judicial public identity, which arementioned in the second part, and focuses on how to enhance China’s judicial publicidentity by ameliorating the main factors. First of all, we should improve ourlegislation, which includes the following two aspects: to overcome the inherentlimitations of the current laws and to perfect the legislation technology in china.Secondly, our country should just judiciary. This paper argues that throughstrengthening the independence of the judiciary, perfecting judicial openness,establishing proper procedures, being strict in judicial interpretation, improving thequality of judges, mending the judicial judgment reasoning methods to realize judicialimpartiality. Thirdly, China should improve the legal literacy of the public through the popularization of legal knowledge, cultivation of legal belief etc..Finally, in order toclarify the relationship between public opinion and judicial opinion, and allow thepublic opinion to better play its role in judiciary, this paper analyzes the positive andnegative effects of public opinion on the justice and how to construct the goodrelationship between public opinion and judicial judgment.