Research On The Model Judge Of Contemporary China

By definition, the model judges are worth learning, and can be used as examples to all judges, are the products of the activities of various types of model selection in the court system. For the phenomenon of the model judges, academics either think these selections represents a kind of moral discourse, political discourse; or pay attention to the judges' personal integrity, moral self-cultivation and other spiritual level. There was little valuable academic research. This article attempts to seek a breakthrough on this. First of all, based on a political science perspective, from the political culture, political and social functions, powers technology application, and judicial power organizational model to analyze why the use of this form of model selection. In this analysis, we also reveal that the selection of model judges possesses the cultural, institutional, governance, and other multi-layer profound meaning. This is the second part of the article. Then, in the third part of the article, through collating and analyzing the selected reports from the 2008 "People's Court News", we come to a conclusion that they are a group of politically competent, fair and honest, "amiable, respectful, can study," widely distributed, and the experience and treatment of the parties patience, good mediation, resolve conflicts, "meddling", "deviation from normal the rule of law "and" civilian judges ". This analysis based on gender, age, education, jobs, case type, keywords and other criteria. On this basis, the article from the views of the anti-essentialism, the context theory, and the pragmatic to interpret these model judges. I think the administrations of justice embodied in them and their behaviors are determined by social structures and patterns. And they are the active actors that in response to the social needs. Finally, I make the judicial conducts of the model judges summarized as "the combination of mediation and judgment", and carefully pointed out that we should treat "the combination of mediation and judgment" more openly, critically and empirically. Comparing with the abstract theory, we should pay more attention to the empirical study in the judicial field. This also requires us to attach importance to the application of the methods of social science in the judicial reaches.