Study On The Role Of Judge In Modern China

Dworkin compared Judge to the nobility in the law's empire in his book Law's Empire. Judges always play the key role in the process of judicial, especially in some important social concerns. The judgment can not only change the parties' rights but also affects other social members. We hope the judge can settle the dispute we brought into the court perfectly. But every one has his own understanding on the definition of "perfection" according to their different identities, which can also influence the judge.In this essay, the writer wants to analyze the judge's roles in modem China through some case analysis.Chapter 1 is about the different judge's roles in Common Law and Civil Law countries and some theory argues. Though there are some opposite attitudes towards the judge's roles, all the judges play key role in these countries.Chapter 2 is about the unique judge's roles in ancient China. The authority pattern and culture surrounding had huge influence on the ancient judges. They were responsible for upholding the feudal authority and moral. They also paid attention to the public will.Chapter 3 is about the basic judge's roles and the special logic the judge's play in China court. They uphold the existing law, but under the political, administrative and localized management pattern, the Chinese judges have many restrictions.Chapter 4 is the further analysis on Chapter 3 through some concrete cases. Then we can have a more vivid cognition on the judge's roles.