Judges, Magistrates And Between Village Leaders

The Western culture think that the law is a course on art of justice and injustice, it is subject to extended study and practice to master and if not achieved enough knowledge, no one can engage in the trials. Therefore, the Western countries always attached importance to the judiciary professional quality and professional ethics, the judge is a highly professional elite groups. The judge is the king of the legal empire and his mission is to safeguard the dignity of the law. Judge, its natural function is to hear cases and judge the merits of the case.In the Western legal culture, it generally considers the exercise of judicial power should be insisted on absolute passivity, the courts and judges should be passive and strictly act in accordance with the law and don't have to consider the economic and social development of the legal requirements. Exercise of judicial power should be insisted on absolute neutrality, courts and judges, neutral arbitrator, are above the parties their main task is to judge the claims and evidence, no obligation and no rights to do other things for the parties. Therefore, in Western countries, to ensure judicial independence, have a loyalty to reason and rationality and guide the judges in improving their professional level, Western countries separate the judge from political parties, society, parties, etc. through various means. so judges nearly live in a very lonely environment.In China, a distortion of justice has been since the founding of the people's republic of China. Political awareness is put in the first position, it stresses that the Court should focus on the central task of the party and the state, serving the overall situation. Law and Justice in society degenerate into a tool of the Communist Party of China for governing the country and society. Compared with the West, judges especially in the primary court, in addition to the trial ability, they have to master additional other functions that don't have any relationship with the trial.primary people's court judges, in addition to assuming the primary functions of the Court should also have other functions, such as local official and village officers, even the functions of autonomous organizations, report to local party committees, government, participate in local social security, receive the parties, intermediate disputes, train people mediators and people's assessors, guide the work of the people's mediation Committee and carry out road trials etc. This requires the people's court judges to be judges, magistrates and village officials to take a different appearance before the parties; Hearing cases in rural areas, it is necessary to apply the law not only correctly, but also fairly and reasonably; meanwhile primary court judges should also master the skills of mediation, and make mediation become a powerful weapon for building a harmonious society. Although since the 1990s, in the judicial reform process, we gradually realized the operation mechanism of the judicial activities itself, began to emphasize the judicial activities of the passivity and neutrality. However, in recent years, the administration of justice begins to rise again, and even get a high-level recognition. The author believes that the passive nature undermines the justice and the principles of neutrality, and the administration of justice against the politicization of the judiciary's own operating system has shaken people's faith and belief in the law. The harm it is far more than we can imagine.