Systematic Research On The Issue Of Judge Sitting Late On The Trial Court

It is common that judges sit late on the trial court in China, which directly reflects that judges look down on performing their judicial functions and the judicial procedure.The deep factor is the internal absence for judicial system and absence of procedural justice for the procedure of trial in court. The evolution and instances that judges Sit late on the trial court are understood through investigating the issue of judges Sitting late on the trial court in Inter-Mongolia Autonomy Region. The issue of judges Sitting late on the trial court and the issue of the parties and their agents late are compared and analyzed, to further illuminate judges late for trial in court doing the basic harm on fair trial and procedural justice; the methods for restricting judges from coming late in all places are understood and the limitation of restricting effects are analyzed through collection of norms to prohibit from judges Sitting late on the trial court in China .Thus, the rational thoughts over prohibition judges from sitting late are introduced, to probe into the nature of jurisdiction right from the aspect that the jurisdiction right should be determined to be ruling right; the function of jurisdiction right is researched for the jurisdiction right can provide an opportunity of remedy with individual rights, and provide an occasion to make individual rights confront state power in an effective and equal way. The writer concentrates on thinking over the theories on procedural justice of six factors such as participation, neutrality, reciprocity, jurisdiction reason, timely and final principle. The writer thinks about the theory from open square to theater, researching the sociological and semeiology significance of the setup for trial in court to put forward the function of trial in court and target of value. The writer probes into the question of balance theory for judicial discretion and the right of action. Based on the rational thought over prohibition judges from sitting late, the reasons for judges sitting late on the trial court are investigated from two aspects of internal defect in the jurisdiction system and absence of procedural justice of the procedures for the trial in court. With regard to the internal defect in the jurisdiction system, the writer attaches importance to investigation of the factors such as absence of professional moral for judges, non-specialization and non-democracy for appointing judges, the intervention of violating the principle of independence of jurisdiction, and the status of judges. With regard to the absence of procedural justice of the procedure for trial in court, the writer investigated the formal defect of trial in court, the arbitrary discretion and unrespectable right of action. Aiming at the factor of judges sitting late on the trial court in Inter-Mongolia Autonomy Region, the writer introduces the successful experience in the people's court in Haidian District, Beijing, to put forward the reference opinions to solve the problem of judges sitting late on the trial court; with regard to the issues of jurisdiction system and procedural justice, the writer thinks deeply over how to solve the problem of judges sitting late on the trial court. Based on the application of thought over prohibition judges from sitting late, the writer puts forward the idea for reform and improvement of jurisdiction system including strengthening of professional moral for judges, specialization and democracy of judges appointment, implementation of the principle of judicial independence , and the promotion of judges status and guaranty of judge honor. Finally, the writer puts forward the idea that the principle of procedural autonomy and the principle of procedural justice including the balance between discretion and the right of action will be realized and fulfilled in the trial procedure.