Professional, Non-professional

Both professional judge system and nonprofessional judge system are one section of judicial system, reflecting the political system from different angle. The economic basis decides the realm of the superstructure. The changed economic basis needs the suitable superstructure. Having been reformed and opened more than twenty years, China society have changed greatly in varies aspects and strengthened the market economy for more than ten years. The reform of the professional judge system and nonprofessional judge system is just the necessity of the changed economy basis. One requirement of the politics modernization in judicial system section is the professionalization and nonprofessionalization of the judge. From the angle of politics modernization , this thesis discussed the professionalization and nonprofessionalization of the judge system in seven parts. We hold that both the professionalized elitized judges and the nonprofessionalized popularized judges are necessary to the modernization of politics and the key is the professionalization and elitizm of judges. Without the professionalization and elitizm of judges, nonprofessional judge system is anything but nothing. Only when the judges are professionalized, can the professional judges and the nonprofessional judges complete each other. It was pointed out that the modernization of the politics needs the professionalization and nonprofessionalization of the judges in the first part. Only when the judges are professionalized and elitized, can the judicial power be independent, can the governing structure of the country and society be differentiated. At the same time, only when it is possible that the mass play a role in the judicial decision, can the participation of the political affairs be enlarged in judicial section. The differentiation and the enlargement are the important content of the modernization of the politics. Chinese professional judge system was discussed in the second part and the foreign professional judge system was introduced in the third. We may reach some conclusions from these two parts: the professional judges must be professionalized and elitized fist; the profession of the professional judges is reliable second; the professional judges are only subordinated to the law third; the procedure of the recalling, removing and punishing of the professional judge is obviouse and strict fourth. Chinese nonprofessional judge system was discussed in the fourth part and the foreign nonprofessional judge system was introduced in the fifth. We may reach some conclusions from these two parts: there are some contradictories between the specilized lawsuits and the popularized nonprofessional judges, but there are still some completments between them. How to coordinate them is the key. The relationship between the modernization of politics and the professionalization and nonprofessionalization of the judge was discussed in the sixth part. The modernization of politics needs the governing structure of the country and society be differentiated and the nonprofessional judge play a role in the judicial decision. Both professionalization and nonprofessionalization of the judges are the form of the modernization of politics. At last, we reach some conclusions: the differentiation and the enlargement of the modernization of politics are not isolated but completed to each other. Both the professionalization and nonprofessionalization of the judge are necessary to the modernization of politics. Only when the judges are professionalized, can the professional judges and the nonprofessional judges complete each other. The joint efforts of the professional and nonprofessional judges will contribute to the rule of law and the modernization of politics.