Study On Chinese Contemporary Female Judge Occupation Groups

At present, the female judges have showed more prominent development trend and influence in Chinese current judicial team. One the one hand, viewed as the perspective of quantity, on the basis of the official statistics about female judges, the size of Chinese female judges has been increasingly expanding, and especially, the female judges who worked at the grass-roots level trial positions have showed a stronger development momentum. On the other hand, viewed as the perspective of quality, with the endless emerge of excellent female judges, the female judges’s occupational level has received much recognition and support from both officials and the masses.On the basis of the research methods of questionnaire, depth interview and literature analysis, this dissertation takes " Chinese female judge occupation groups " as the research object, and makes the thorough and objective research on some important topics referring to this female occupation groups, including:basic structure status and its characteristics; gender differences and advantages of trial; function; existing problems and the solution.The purpose of this dissertation includes the following three points:firstly, to provide objective empirical support for a comprehensive understanding and grasp about the basic structure status and its characteristics, the gender differences and trial advantages and the existing problems of Chinese present female judges; secondly, to provide theoretical direction for grasping the important role and influence which Chinese female judges have played and effected during the China’s judicial trial process; thirdly, lay a theoretical foundation for comprehensively optimizing and reconstructing Chinese female judges and even the entire team of judges.The research process and results of this dissertation are as follows.The first chapter is the introduction part, leading the whole dissertation. This chapter mainly introduces the questions need to study, the research value, the literature review, the research method and the innovation, difficulties and insufficient of this research. The second chapter is the part of basic theory, which played a strategically situation in the whole dissertation. This chapter mainly includes the following two aspects. One side, this chapter elaborates the theoretical perspectives of this dissertation, including gender and gender difference theory, social division of labor theory, the judge professionalization theory and functionalist theory. The other side, this chapter defines the basic concepts which this dissertation refers to, including the judge, the Chinese judge and the Chinese female judge. This chapter will lay theoretical and conceptual foundation for the whole study on Chinese female judge occupation groups.The third chapter introduces the basic situation of social investigation for Chinese female judge occupation groups, including the questionnaire, depth interview and Internet information collection and survey. This chapter aimed to confirm the credibility and available for reference of the empirical data this paper rely on.The fourth to the seventh chapter are the main parts for this dissertation.On the basis of investigation questionnaire and depth interview for some typical Chinese female judges, both the fourth chapter and the fifth chapter make an empirical study on this occupation groups. These studies are not only a description for the current situation (basic structure status and its characteristics; gender differences and advantages of trial) of Chinese female judges based on the investigation data, but also a kind of evaluation for this occupation groups according to the basic theory. The effects of these two chapters mainly lie in two aspects:firstly, to provide empirical support for scientifically understanding and grasp the female judges; secondly, to provide epistemological foundation for comprehensively optimizing and reconstructing Chinese female judges.To be specific, the fourth chapter focuses on the basic situation of Chinese present female judges from the macro level. One hand, it introduces the basic structure of the female judges, referring to the current scale, quality status, level distribution, age, education level, marriage structure, the types of cases which this occupation groups are responsible for, gender structure and wages and so on. On the other hand, it summarizes and analyzes the characteristics reflected from the basic structure of the female judges, mainly related to the size, quality, gender structure and area differences and so on. The fifth chapter focuses on the gender differences of Chinese present female judges from the micro level. In other words, this chapter introduces the external gender differences, internal gender differences and trial advantages with the characteristics of the female gender in the judicial practice. It includes the following three points:firstly, compared with the male judges, it introduces external gender differences with the characteristics of the female gender for Chinese present female judges in the judicial practice, related to positive differences and negative differences; secondly, it introduces internal gender differences and basic classification for Chinese present female judges; thirdly, it introduces the advantages of trial emerged in the judicial practice for this occupation groups.On the basis of China’s existing political system and the judicial system and the localization of social structure and social culture,the sixth chapter illustrates the positive function and the negative function in the judicial practice of the female judges.The seventh chapter mainly analysis and studies on the existing problems and the solutions for Chinese present female judges. In sum, Chinese present female judges have been faced with four problems:the role conflict between family and work, the disadvantage position in the court power relations,unreasonable evaluation mechanism for Chinese excellent female judges and the negative psychological characteristics. In order to solve these problems, we must grasp the essence of the problem. We not only try to find the way to solve the problem by optimizing the internal management system and the external environment which female judges rely on, but also make an attempt to implement classified management and optimization for female judges.