The Role Of Judge In Chinese Judicial Mediation

This paper researches the role of judge in Chinese judicial mediation, including five parts.The first part is the role of judge. At the beginning, author makes an introduction of the role theory and the role analysis in sociology in order to understand the role of judge in China vividly. The second part is the variance of judge. The role of judge in every country is not resting. So does China. In this part, following the variance of society and the transform of judicial mediation, author analyzes Chinese judge in different role environments from ancient to nowadays. The third part is the action of judge. This part analyzes Chinese judicial mediation system rationally and find out complicated factors behind this system. At the same time, author points out the particularly action of Chinese judge. The fourth part is the conflict of judge. Currently, judges in China take on complex character. They are legal person, natural person, or administrative person. This is the Chinese unique characteristic. In response to China's own problems, the paper analyses the conflict of role, and further distinction the role of judge in judicial mediation system and other neutral third person. In the fifth part, combining the variance of Chinese society, author spreads the orientation of judge in judicial mediation from theory, systems and procedures aspects in the modern framework of law.