Criticism and Reconstruction of the Origin of Judicial Authority in China

Abstract

The precondition of establishing judicial authority is to study its origin. Currently, some misunderstandings exist in the analysis of origin of judicial authority in China’s academic circles. The studies are proved to be either the direct copy of western authoritative theory, or the enumeration of practical factors that influence judicial authority. Chinese Scholars don’t analyze the origin of judicial authority. After the critical analysis of various theories of domestic scholars, this paper puts forward three major authoritative origins in line with China's actual situations: power, public opinion and procedure.