On The Status Of Our Judges In Civil Proceedings - A Subject Of The Investigation,

From the end of eighties of last century, till now the civil judicial reform has been carrying out for almost twenty years. Though some of good results have been achieved, yet the orientation of the reform is not definite to us even to this day. Out of this, this article deals with the mastership of ordinary citizen, which is the judge' s duty to protect from being harmed.The body of this article consists of three parts.The first part deals with the idea of mastership of citizen. To begin with, this article reviews the formation of the idea of mastership, and points out the four connotation of the idea, that is, independence, consciousness, choice and duty. Then, the practice of Japan' s judicial reform is been introduced , which the author believe is a good example for our country' s judicial reform.In the second part, the author do a through review of the judge' s status quo in civil proceeding, and consider there are four defects about it, i.e. the instrumentalism in axiology, me subservience in system, and the administration-oriented in the proceedings. Furthermore, the causes about it are discussed. The tradition of the nationality of China, the character and reform of Chinese revolution, and the influence on China posed by the former Soviet Union are regarded as the main reasons for the status quo of Chinese judge in civil proceeding.Under the guidance of the idea of mastership, the third part of this article deals with how to rebuilt the role of Chinese judge in civil proceeding. About this, two pieces of measures are put forward, that is, in idea, we should setup the idea of citizen' s mastership in justice, and in system design, effective measures should be worked out in order to assure the independence and neutrality of judge, and the over-passiveness is also should be corrected. In the end of this article, an analysis about the judge' s role in the simple civil proceeding of our country is done.