A Research On Legal Trust

The building of ruling by law with Chinese characteristics consists of institutional building and conceptual building.Various phenomena related to judicial practice,such as mass event,petition letter and difficulty of execution,have confirmed the existence of the crisis of legal trust among the public.The research of why the crisis of legal trust occurs and how to address the issue of legal trust in China will facilitate the building process of ruling by law with Chinese characteristics.This paper consists of five parts:From the perspective of the general principles of legal trust,the first part has analyzed the features and factors comprising legal trust so as to provide standards for cultivating legal trust in China.In the second part,three specific problems related to the crisis of legal trust in China have been put forward,namely frequent mass event,petition letter and difficulty of execution.The distrust of administrative power has directly led to the legal distrust and law is also viewed as an instrument of the government.The distrust of government has intensified the distrust of law,directly leading to the frequent occurrence of mass events.Petition letter appears to be pursuit of the authority at a higher level.In essence,it reflects the distrust of the authority in charge and the legal system.The auction of judgment means the difficulty in executing relevant laws in China.As many cases with executory effects fail to be closed,the judgment of the court can not be executed in the end,which means that the distrust of legal effect has posed a threat to the legal authority.The third part is devoted to analyzing three typical causes of the crisis of legal trust,namely the traditional legal culture,the transformation of social background and the difficulty of execution.The traditional thought of legal instrumentalism has taken deep root in the Chinese society,thus making it difficult to interact with law on an equal basis.With the transformation of Chinese economy from planned economy to market economy,the social formation has also gradually changed from acquaintance society to stranger society.The crisis of social trust brought by the change has also contributed to the crisis of legal trust.The difficulty of execution is a tricky problem facing the court with the purpose of closing a case.The direct consequence of the difficulty of execution is the high level of the distrust in the whole judicial structure and the judicial system among the public.The necessity and feasibility of establishing the judicial trust in China have been discussed in the fourth part.The establishment of judicial trust conforms to the current national condition of China.The reason why people can have trust in law is that both parties can make positive development during the process of interacting with the law equally.Moreover,massive resources which can be used to establish legal trust have been available in China from ancient times to the present.The resources include historical resources and realistic resources.In the fifth part,some attempts have been made to establish the channels for building the legal trust from four aspects.Based on the phenomena and causes of legal distrust above,some measures have been put forward to establish the legal trust suitable for China,namely updating the legal concepts,improving the social system,strengthening the legal execution and taking social action.