On Molding Of Our Country's Judges' Mode Of Thingking

Except for the preface and conclusion, this text has totally three parts. The first part discusses the concept, characteristics and inscapes of the judge's mode of thinking(JMOT),concluding that JMOT the vocational judge's proper mode of thinking to justly handle disputing cases in judicatory judging activities.It is one of legal thoughts,a kind of vocational thinking.It's thinking object is specific cases and its extension covers the whole process of the judge's trying cases.What JMOT differs from common legal thinking lies in that it's a kind of technique arising from intercombinative and interactional process and judging rather than pure knowledge.It has such concrete characteristcs as neutratity of thinking angle,conservatism of thinking tendency,confirmation of thinking scope,logicality of thinking configuration,formality of thinking entrance,comprehensiveness of thinking content. JMOT is mainly made up of regular thinking tendency,thinking method and thinking procedure. Regular thinking tendency consists of legal psychology,legal theory and experiences,ethical culture.The second part analyses the obstacles of formation of JMOT fairly comprehensively.This part has the idea that the formation of JMOT needs particular exterior environments and internal conditions.And the judge has never been treated as an independent occupation.It is in the recent years that people put forward to the vocational development of judges.The conditions that JMOT demand don't harmonize with social actualities to some degree,and even self-contradict and conflict exit in them.So in today's China,JMOT not only lacks supporting of system but also is restricted by traditional culture and ideas.Concretely speaking,the obstacles are as follows: cultural obstacles including the negative cultural influence of"harmony"and"no lawsuit",the disadvantageous influence of the rule of men and the revolutionary legal ideas of the former Soviet Union;ideaistic obstacles including unilateral instrumentalism and excessively nationalistic legal ideas,jural ideas of extensive administration doctrine and moralism,and the mistake of value tropism,etc; system and environmental obstacles including the executive tendency in managing judges,the government's unappropriote interference into judge's jurisdiction ,the morbidity of the guarantee and selecting mechanism of judges and unideal jural environments;diathesis obstacles existing in judges themselves of the judge rank having low and educational background as a whole and lacking technical ability.The third part discusses the road of molding our country's JMOT,concluding that to mold it needs comprehensive systematic design and argument both subjectively and objectively.Subjectively,judges should set up modern judicial ideality, believe in the law, pursue the justice , support the law order and keep reasonable, master the law theories and knowledge well, pay attention to nomological ideas or incline to make use of the law,exert themselves to carry through jural technical training ,such as interpretation of law , comprehensive use of logical reasoning of law and experiences , etc. Objectively, with the judicial system reforms for chance, we should establish scientic court personnel, public finance management system, reform court inner management mode, perfect the system of selecting and managing judges ,the mechanism of professional guarantee ,consummate judge training mode ,optimize judge occupational thinking, strengthen the universal social law consciousness to provide JMOT with environmental supporting,etc.