On The Modern Judicial Principle And The Thinking Mode Of Judge

Our country is on a judicial reforming under way, being used as the spirit that judicatory reform one of the complete contents construct of remould to should act in cooperation with the reformation of the system level mutually, then can develop the function of the modern judiciary effectively. The structure of the judicial spirit level includes the modern judicial principle and the judge thinking mode. This text emphasizes in research the contents and the two relations of the modern judicial principle and the judge thinking mode. The modern judicial principle is in current economy, politics, culture in China environment of can grow of, therefore, is beneficial to the negative influence that overcome it to the research of the environment factor of the modern judicial principle, grow the judicial principle alignment of the our country with meticulous care mature, science, reasonableness.The judicial principle of the our country should include five inner palaces permit, namely judicial human rights principle, judicial fair principle, judicial independent principle, judicatory neutral principle, judicial rule of law principle. Human rights is a judicial ultimate end value to pursue with actuality, it is outside term that judicatory is fair that judicial core value; judicatory the independence is a judicial corpus to pursue human rights neutrally with judicatory and candor and inside main factor; The judicial rule of law is to realizes the judicial value pursues to guarantees with rational law in science in system.The conversion of the judge thinking mode and mold to must regard modern judicial principle as to guide, the modern judicial principle realizes and embody to also want the conversion that depend on the judge the judge thinking mode and mold. The judge thinking mode are related with six greatest factors, namely political, policy, public opinion, morals, reason with value. These six greatest factors to judge thought mode contain many influence, must overcome the among them negative influence the square benefiting to the conversion of the judge thought mode, the alignment that make is scientific, the reasonableness turns. In china the judge of rule of law should pick and get rid of the person cures the type of thought mode but turn the rule of law type thought mode, abandon the public the type of thought mode but guard securely the type occupation thought mode; Educate form type of thought mode but the needs the substance type thought mode, familiar procedure type of thought mode but look after both sides the entity type of thought mode; Mold to reason logically the type of thought mode but abandon to make firm decision the type of thought mode, with the method a doctrine thought mode learns with sociology method mode is consult, regard analytic thought in value mode as to add, regard this as the foundation, grow a science, maturity, rational judge thought mode.