The Judge's Interest Choice In The Civil Litigation

Fair justice is not only the inevitable requirement for building a country of the rule of law, but also the noble idea that human society are pursuing. But how to realize fair justice? From the View of interest, this article analyzed the human nature, the relationship between human and interest, and draws the conclusion: all people have the interest tendency and hope to maximize their interests. Because the both judge and party have the interest tendency, in order to get the maximal interests, the party would use all kinds of tools. If the judge is going to use his jurisdiction to get illegal interests in civil litigation, the decision can be expected to be unfair. In order to get the decision in his favor, the party will use all kinds of factors to affect the judge's interests which will force or seduce the judge. So, There is conflict of interests among the judge, the party and the jurisdiction in civil litigation. During the procedure of the conflict of interests, the judge may make an unfair decision when he make a selfish choice between the interests of himself and the jurisdiction. One of the important reasons that make unfair decision result from the lack of the guarantee of system.The instable judge's interests are the absolute reason that result in unfair justice, which also make the party intervene the case possible. So, we should provide forceful protection for the judge's interests by system and legislation. The first is to guarantee the judge's material interest. The judge's wages should be raised by legislation, and the wages can be increased but never allowed to be decreased when the judge is in his position. How to raise the judge's wages? The article suggest three steps after analyze the situation. The second is toguarantee the judge's mental interest. According to the situation and adapting the successful alien experiences, I put forwards my views about the judge's position, status and promotion such as: The judge should be lifelong and the promotion should depend on system. Providing the valid guarantee of system, which is helpful for the judge to resist all kinds of interventions, the judge can be expected to make a fair decision according to the laws, the facts of the case and his trial technique. The fair justice can be expected to realize if the judge's interests have been guaranteed. But at the same time we should use the disciplinary measures to restrict the flaws of interest nature——the interest tendency, self-interest and greedy.