The Judge System In A Comparatively Research Of Chinese And American

The justice system is the core of the legal system. The judge is the core of the justice system, as the basic of the implement of the law. In fact, the process of applying the law is the process that the judges solve the social conflict with legal knowledge. The judges implement the law in the case through their thought and rational judge. And so, every country pays more attention to the judge system in order to guarantee the legal value such as Justice,Social order and Freedom. This paper will compare the difference of the Chinese and American judge system to research the content and their future development. This work will play an important role in the legal reform.This paper will divide six parts. The first part I will generally introduce the history of the development of judge system. It includes the western and Chinese history of judge system. This is the historical reason of the difference of the Chinese and American judge system.The second and third part will introduce respectively the Chinese and American judge system in operation. Because of the difference of the history,Economic base and the legal tradition, the Chinese and American judge system have so much difference in every sides. We can learn from the difference of the two judge system.The fourth part we will compare the characteristic and the cause of formation of Chinese and American judge system. Through this comparative we can find the deep reason of the weakness of Chinese judge system. We can use the experience of this for Chinese judge system reform.The fifth part, the paper will discuss the basic theory of the two judge system. This is the basic reason of the difference of the judge system.The sixth part we will discuss the reform of Chinese judge system. After realizing the difference of the two judge systems, we have a clear realization for the two judge systems. We can learn the merit of the American system. And then, our system can improved generally and the law will become the authority in China. This is the last purpose of this paper.