The Analysis Of Gender Factor In Judge Occupation

Gender division results in discriminations against women in some field especial in job occupation. It sketches out the difference in sex-characteristic and respective rigid cognition between men and women. This article, aiming at the judge occupation which predominates by men in nowadays, will correct the mistaken viewpoint at women-characteristic and judge-occupation and eliminate the negative impact on women being a judge by the ways of analysis and animadversion on the reasons why the aforesaid cognition formed and on the inscape of being a eligible judge.It is divided into five sections:The first section is prologue. It is used to introduce that: although the chance to be a judge shall be equipotent for men and women by nature laws, sex is one of the important factors which make women far away from to be in now society. Influencing by social view at women and men and other factors, education for example, men predominate in system of courts of law. Basing on this background, this section tries to open out the purpose of the article: in order to research the deep reasons of the said social phenomenon.The second section expatiates on how the gender comes into being and what the influence to sex. In view of and on the basis of the development of social productivity and the division of the sex in labour, author researches the reason why the sex changing to gender and the influence that the changing impact on the sex division. In Eolithic times, sex division is fully the result of seeking easier survival, without any discrimination against women or men. Along with the disorganization of clan-system and class and country naissance and development, the society was divided into two respective and exclusive parts in which the public region belongs to men and women is the men' s garniture and appendant at home. Thus, gradually people think women are born to and shall be at home but not go outside to work and women have different gender and characteristic from men.The third section indicates that gender division makes people form rigid and ossifying view unfortunately that women can be competent for judge. This section demonstrates that it is right that the mistaken viewpoints in historic theory of logical syllogism and physiologic difference between women and men prevent women from making their dream to be a judge come true. The logical syllogism theory thinks that the judge shall be the person who has or be born to have the abstract logic ability and thinks it as the sole characteristic of justice logic. The theory of physiologic difference of sex assume that men are the logical,abstract,sensible person, where women are illogical and non-sensible person instead of as a matter of course. So integrating two theories, we will find that the characteristic of women cannot satisfy the need of logical syllogism, which sentences women death and at the final the rigid gender view has been formed.The fourth section asks our society to eliminate the negative impact which brings by mistaken gender view. Thus, we can touch the natural attribute of judge metier and give all a correct cognition on judge metier. Logic only is the basal ability of application laws, which is not the whole to be a good judge in a suit since the non-sensible factors such as experience of life and suit and so on are also important in judgment. Further, the meaning of "logic and sense" between in law and in physiology is much different. The former is the outcome through very longtime law training and practice and the latter is the born sex-characteristic.Further more, it is reported that almost everyone has integrated sex-characteristic------bothsensible and non-sensible,logical and illogical characteristic in a man or a woman by science research. So it is unreasonable to restrict women to become a judge accusing to that they haven't sensible and logical characteristic and thinking.To be a good judge not only base on the logical thinking but also base on the syntheses of moral character,wisdom and acqierement,sense,ratiocination ability and other factors. Moral character is the basis of application law; wisdom and acqierement is the precondition of application law; sensible thinking is the guarantee of application law in right way. These three factors which play a important roles in a suit are indispensable and mutual impact the others.The last section: we shall forsake the traditional view in gender in order to give the largest chance to make women to be justicer, since the whole-colored sex in Justicer-Profession can satisfy the need in some field, for example cases in women and children rights and interests protection, where women can play more important roles than that men do, as you know. Nowadays, as procedure justness is not the sole goal in a suit and the counter-procedure some times cannot reach the purpose we want to attain, we need women to smooth the cuts in relationship resulting from counter and antagonizing suit procedure for that woman has more appetency,more acute observation and other characters which correspond to the need aforesaid exactly. So in a word, we should forsake the traditional view in gender which discriminate against women and exert to give women a chance to free their abilities.