Our Judicial Affinity Study

The judicial affinity is one of modern judicature idea contents, it is a higher goal of the judicial reform in China. This article begins from the judicial affinity's nature, including judicial affinity's nature as passivity,ministrant, secular and public. Then, I demonstrate the validity and legal significance of the judicature affinity from the angle of the modern concept of justice, judicial philosophy and judicial reform.In the second part of the article,I introduce the current situation and some problems of the judicial affinity in China. And then I analyze the factors and the scarcities of the affinity of our courts and judges with some cases. Thirdly, I turn my focus to four foreign countries which take some valuable measures worthing to learn during the process of "access to justice", including England,America which belong to Common Law System and German,Japan which belong to Civial Law System. At last,I indicate that we should abandon the idea of judicial selfish departmentalism which means unconvenient for the parties but convennient for the judicial systems and should construct the multiplication judicial resources to faciliate the parties, reduce the burdons of the party who is in a trial, strengthen the idea of judicial service and defend the leading position of the parties to enhance the judicial affinity by the way of enhancing the affinity of the courts and the judges.