Research On Judge’s Judicial Ability

As a concept which is concomitant with the party’s ruling ability, the judicial ability has attracted much attention when it comes. From the history and background of the birth of judicial ability, it is not hard to find that this concept is with a strong political understanding from the start. The interpretation of judicial ability is most likely to be limited to the party and government policy implementation level because of the politicization. As a matter of fact, throughout the academic research results on judicial ability in recent years, there is more or less the shadow of political policies, The current situation in the study of judicial ability is overall to take solution architecture instead of study itself. Because the research on the judicial ability is not enough, Study on judicial ability construction is also formulaic:namely judicial ability is divided into judicial judgment, mediation ability, management ability and service ability, ruled evidence ability, applicable law ability, etc., and to be proposed corresponding solutions. The impending perspective makes the feasibility of the plan diminished, So the value of these research is limited to political battle cry for the judicial ability. This paper attempts to jump out of the box and work on judicial ability itself, for clear thinking of judicial ability construction on the basis of basic theory. In terms of the concept of judicial ability, around the world, is not a general word. According to the relevant data from the author, foreign jurists did not have the professional concept of judicial ability. In practice only occasionally mentioned:" add the EU track planning" implementation of the open society institute, one of the two assessment report is about the ability of the judicial of10the European Union, eastern European countries. There are cooperation projects relevant to judicial ability construction between member states and the EU. In addition, judicial ability is not too much in foreign, and, as a result, the interpretation of the concept of judicial ability, will create another view of law research, will have a positive significance on the domestic and international."The biggest mistake of Jurisprudence in China is will make no distinction of academic and political, scholars do not objective academic activities, but often impose their own political views into their own academic research."For Mr. Chen ruihua, a famous jurist’s exhortation, the author has a good agreed feeling. To this, the author will avoid the party’s ruling ability, put the perspective on the judge’s professional ability, and tries to summarize the structure and rules of judge’s judicial ability, in order to frame the basic theory of judicial ability in the field of law. The full text is divided into seven parts. The text view new definition of the concept of judge’s judicial ability in vocational ability. On the basis of analyzing the composition of the judge’s judicial ability and the external form of expression. at the same time of Examining standards of judge’s judicial ability abroad, analyzes the main measures to promote judge’s judicial ability abroad, combined with present situation of judge’s judicial ability our country and existing problems, to put forward the basic concept and the specific architecture to promote judge’s judicial ability in our country.