让正义以看得见的方式实现——试论裁判文书与司法公信力

司法公信力是司法赢得社会公众信任和信赖的能力,它至少包括三个必备的结构性要素:司法自制力、司法判断力和司法排除力。裁判文书作为司法公信力的载体,是在实践中提升司法公信力的切入点。它应当全面记录裁判过程,展示程序公正,以增强公众对司法自制力的信任和信赖;它应当论证说理,展示裁判理性,以增强公众对司法判断力的信任和信赖;它应当公之于众,展示透明理念,以增强公众对司法排除力的信任和信赖。

Let justice be realized in a visible manner——Exploratory discussion on verdict document and the public credibility of the judiciary

The public credibility of the judiciary is the ability of the judiciary to win public credibility and trust,which includes three structural elements at least: judicial self-control,judicial judgement and judicial exclusion.As the carrier of the public credibility of the judiciary,juridical document is the starting point for improving the public credibility of the judiciary in practice.It should show the justice of the procedure by recording the whole judicatory process so as to improve the ability of the judicial self-control to win the public credibility and trust.It should show the rational judgement by arguing so as to improve the ability of the judicial judgement to win the public credibility and trust.It should show transparent concepts by being disclosed to the public so as to improve the ability of the judicial exclusion to win the public credibility and trust.