Reconstruction Of Professional Role Of Contemporary Chinese Judges

The judge occupation role is the main and core elements of the judge systemand the judicial system. Orientation and implementation of the judge role concernsperfection of the judge system of a country, achievement of the judicial function andthe development level of law. This paper from the role theory expounds the logic ofthe professional role of the judge, analyses the present situation of Chinesecontemporary judges’ role, and puts forward some suggestions for perfecting therules of the judge occupation role. The paper is divided into six parts.The introduction part starts from the present situation and problems of China’scurrent judicial reform that expounds the origin of this paper and writing framework.It clarifies the theoretical and practical significance of this paper from the judgeoccupational role and the reform of judge system, combs the research situation of thejudge role from the judge occupation and law, and summarizes the innovation of thepaper.The first chapter is the introduction to the judge occupation role. This chapterreviews the Chinese and western concepts and studies of the role. The role is areflection of social existence and relations, is the result of the subject and socialinteraction, is a behavior pattern which is required or expected by society. The fourelements of the role are social status, subject, values and behavior mode. Thedialectical unity of the role is expounded from the subjective and objective, structureand function, universality and particularity, process and stages. The role expectationand play in the role of significance is stated from the perspective of the roleoperation. On the basis of discussing the role theory, it explains the concepts andelements of the judge role from the angle of professional role.The second chapter is the location of the judge occupation role. Firstly thischapter argues that the role of judge is a judicator of disputing from two aspectsthese are the judge occupation originated from social dispute adjudicationmechanism and the jurisdiction which is the right of judge. Secondly, the judicatorrole is explained from the four aspects of the neutral position, specific requirements,adjudication under law and justice judgment. Then, the professional roles ofjudicator are discussed, and how to serve the overall objective, justice for the peopleof purpose, resolve disputes are focused on explanation. Meanwhile, this chapterexpresses four viewpoints those are adjudication under law which is served theoverall situation, justice judgment which is justice for the people, disputeadjudication which is not for the purpose of resolving disputes, and the judge whichis not the modern "Bao Qingtian". At the end of this chapter, the judges andprosecutors, police and other civil servants, lawyer are clarified in order to show theprofessional role of judicator more clearly.The third chapter is the explanation of judges’ role elements. The judge as ajudicator should have social status, subject, value idea and behavior mode accordingto the theory of the Chinese and western law and the practice in the west. In thesocial status, it emphasizes that the importance of the judge in the tribunals to avoidthe legislative, administrative, other social organizations and the media interference,to avoid the interference of higher court, the leadership and other judges, to achievethe independent adjudication, to have the guarantee of the occupation and treatment,to enjoy the immunity of duty behavior and the public credibility of the judiciary, thejudicial authority in a degree. In the subject, it emphasizes that the judge should havethe ability to apply the law, have rich experience in life, be familiar with andunderstand the disputes, have the political quality to deal with the disputes, and havea high morality. In the value idea, it emphasizes that the core meaning of the conceptof fairness and justice in the dispute adjudication, and explains how to deal with therelationship between substantive justice, procedural justice and efficiency. In themodel of behavior, it reviews the development of judicial restraint in the rule of lawin history, emphasizes that the judge should keep judicial restraint in disputejudgment with the legal awe.The fourth chapter is the status of the contemporary Chinese judges’ professional role. It compares the theory of a judicator as dealing with dispute withthe operation of the contemporary Chinese judges’ role, analyzes the problem in itsoperation. Firstly it analyzes the improving justice impacted by Party, the improperintervention for justice by the local government, the supervision of the NPC, themedia’s inappropriate behavior and the internal administration of the courts, pointsout those disadvantage factors influencing and restricting the judges’ judicial powerindependently. Secondly, it reviews the present Chinese judge system, materialtreatment, complaint resolution and misjudged case investigation mechanism, andthe present situation of the enforcement difficulty. And it points out these factorsrestricting the judge referee disputes role and affecting the judicial justice andauthority. Finally, it analyzes China contemporary judges’ insufficient from fiveaspects these are professional ability, social experience, political quality, judicialcorruption, moral cultivation, and reveals the problem of quality and training of thejudges.The fifth chapter is the reconstruction of the contemporary Chinese judgeoccupation role and completeness of the related system. It puts forward suggestionsfrom the transformation of ideas, reform of the system, perfect of the correspondingmechanism, promotes the establishment of the judge tribunals. In order to ensure thejudges exercise judicial power independently, this paper puts forward a way toimprove the Party leadership justice, to cancel the Party committee about the specificterms of reference of the case, to ensure the supply of the salary and the court officeexpenses through the laws and regulations, to have the distinction between differentlevels of the National People’s Congress and the courts, to reform of the internaladministrative leadership system in court, and to establish the main responsibilitysystem of the judge. In the protection of judge duty, it puts forward to expand thescope of the judge selection, to increase public efforts to improve the judge’spersonal matters, to improve the judge salary, to perfect the security of judge duty, tostrengthen the external supervision. From changes in behavior and establishment ofjudicial authority, this paper proposes a multi evaluation system to improve thejudges and court, to cancel the evaluation index of justice independent, to increasejudicial public open, to promote public credibility, to reform the present situation ofthe enforcement organization in court and make it run from the court, to cancelcomplaint involving lawsuit system, to improve the retrial working mechanism.Finally, the paper also analyses the judicial reform of Shanghai city, affirms itsgood practices, points out its shortcomings and difficulties. In conclusion, the paperexpresses Confidence and expectations of the contemporary Chinese judicial reform.