Font Size: a A A

Judge The Role Of Conversion: Theory And Experience Double Examine

Posted on:2007-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:L FangFull Text:PDF
GTID:2206360185476820Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Nowadays, Chinese judicial reform pays more attention to the construction of the judge's character. For example, the whole society including the governments all expect the entire elevation of the judge's quality ,such as knowledge, cultivation, educational background training and etc, could successfully and entirely promote the course of the judicial reform. But in fact, if the Chinese judicial reform wants to be developed completely, it not only needs the superexcellent judge, but also it needs to construct a harmony surroundings for the judge when they make decisions. Further, this surroundings means the roles environment or the roles system when the judge practice the judicatory in sociology. And also, just because of the mess roles system , when Chinese judge play the roles basing on the history of foreign law practice and extensively accepted by Chinese in the Chinese courts, we can easily find the huge margin between the role it ought to be and the role it practices. As a result, the judge who works in Chinese court is not the judge we badly need in the daily life. So, it's very important and urgent to analyze the gain and loss incurred by using the foreign social require and governmental standard to measure Chinese society needs. We must relocate what the Chinese judge should be and meet the need of Chinese daily life. This is the mainly contents of my first part. In the second part, after system combing the variety roles what Chinese judge played form the beginning when the New PRC founded to now, we can find many compositions which only belongs to China, differing from the foreign entirely. And we can also find the special logic when Chinese judge play in the court. Thus, the process of Chinese judicatory is the roles-alternation of Chinese judge rather than the process of the judge's role playing. Of course, along with the roles of the judge altering from the "judicial personnel" to the "not-judicial personnel", the spaces where the judge locate also change from the daily life to the court. And the latter will enhance the result of the former. In addition, just in the dual-alternation, some institutional factors will be neglect and expel out the judicial practice, but in the same time, some not-institutional factors will be absorbed in the judicial practice. As a result, the Chinese judicial process also can be described as a process of the dual institutionalization. The third part and the fourth part, we prove the conclusion drawing from the second part experience and point out the two obstacle factors, poverty and bureaucracy. In addition, we put forward three projects to the Chinese judicial reform. In the last, we launch further to analytical method and the theoretical view that this essay adopts, responding the whole societies' concern toward the Chinese judicatory and its reform.
Keywords/Search Tags:Judge, The alteration of Judge's roles, Justice, Dual institutionalization, Law and social sciences, China
PDF Full Text Request
Related items