社会管理创新视阈下民族地区司法公信力研究

司法公信力是在法治社会中树立法治权威的必备要素,也是促进提升社会管理效能的优质资源。司法公信力不足在制度架构上与司法体制和工作机制的不合理有关,也在深层次上反映出对于司法理念与法律适用的调试需求。从民族地区法治建设的长远规划来看,应当在维护法制统一,保证国家法律在民族地区得到普遍适用和严格执行的基础上,重视民族习惯法在司法中的地位,在法律适用上顾及关乎民族群众心理情感,有利于化解矛盾纠纷的民族习惯。通过创新与落实司法为民理念,提升民族地区法治建设中的司法公信力。

Public Credibility of the Judiciary in Ethnic Minority Areas from the Perspective of Innovative Social Management

Judicial credibility is a prerequisite in establishing the authoritative rule of law in the society ruled by law, and is also the resource of good quality in promoting social management efficiency. The deficiency of judicial credibility is related to the unreasonableness of judicial system and work system in the system frame, which reveals in the deep level the matching needs of judicial concepts with the application of law. Examining the legal construction in the ethnic minority areas in the long term, efforts must be made to attach importance to the role of national common laws in judicial practices on the basis of maintaining the unification of legal system and guaranteeing the universal relevance and execution to the letter of the state laws in these areas. In applying laws, consideration must be given to national customs that are concerned with national psychology and emotions and are conducive to solving disputes. Judicial credibility should be uplifted in legal construction in ethnic minority areas by innovation and implementation of judiciary for people.