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司法公信力是一个表征关系的范畴,反映了作为主体的社会公众与作为客体的司法机关在互动过程中形成的动态、均衡的信任与认同情况。围绕着目前中国司法公信力的状况,学界主要有下降说与提高说。它们分别从社会公众的横向角度与司法机关的纵向角度来考量,实际反映了公众认知与司法实践之间的背离。本文在对此进行反思的基础上,指出当下我国司法公信力不高的问题及面临的现实困境,最后提出司法公信力的提升路径。
Judicial credibility is a category that characterizes the relationship and reflects the dynamic and balanced trust and approval formed by the social public as the subject and the judicial body as the object during the process of interaction. Around the current situation of China’s judicial credibility, academic circles mainly say that the reduction and improvement. They are considered from the perspective of the public and the judiciary vertically, respectively, and actually reflect the divergence between public cognition and judicial practice. Based on the reflection on this issue, this paper points out the current problem of low judicial credibility in our country and the real predicament it faces, and finally puts forward the path of ascension of judicial credibility.