Orientation And Reconstruction Of The Judge's Function In China

As judges, the role of them is not only solving disputes, they shall also realize social justice, maintain social order , establish judicial authority and promote legal construction assignment in our country. The judge's function should be judging in court, while, since the government advocated social harmony, judicial mediation has been prompted in the judiciary, and the judge also begin to serve as mediators. Now, mediation takes a much important part, even more than judging in our court which aroused a shock to the judge's traditional judging function. Vague bounds between modiation and judgement under the state of their syncretic caused negative effect in judicial efficiency and just. As a mode to resolve disputes, both mediation and judgment have their own advantages, but they are totally different ways needs different techniques which sometimes even conflict. So it is necessary to take them apart. To restrict the judge's mediation affairs and separate them out of the process of judgement will be helpful to not only give full play to native resources advantage of the mediation, but also to make sure to maintain the specificity of the judge's judicial functions, which are favorable for win-win benefits between the construction of harmonious society and the legal construction.