The Conflict And Coordination Of Judge's Role Under The Concept Of Justice

The judge's role in society determines his judicial conduct and specific action strate-gies. Contemporary Chinese judges often encounter the gap and contradictions between law and society. Not only do they burdened with the realization of "procedural justice" task of the modern ideal rule of law, but also face the concept of pressure if social "sense of jus-tice ", their Judicial Conduct requires both "legitimacy "and "reasonable. " Under the double pressure of legal effect and social effect, the role of judges shows diversified cha-racteristics. Judge's judicial conduct is not resulted from strictly following the rules, but circumstances of the case and the social background conditions. It is accomplished by their effort. That the judge's judicial conduct is varied by case reveals the current conflict in the judge's role and coordinability of the judge's role.This article consists of four chapters.The first chapter is Sociological Theory dialysis of judge's role. From the four basic concepts which are role, judge's role, judge's role conflict, coordination role of judges, this chapter analyzes the interaction among role of legal person, role of rights holder and the role of social man using the conflict of rights theory. It systematically analyzes the causes of conflict in the role of judges which paves the theoretical groundwork for further explor-ing coordination of the judge's role later; The second chapter is that how judge's multiple roles impact justice. This chapter interprets positive and negative effects that multiple roles of judge affect justice from both pros and cons. It reveals common problems in current conflict of judge's role and reasons for the formation in our country by contacting theory with practice; The third chapter is about mode selection of conflict in judge's roles between the two different legal systems. This part vertically compares the different modes between Anglo-American legal system and continental legal system. It also introduces successful experience and specific operational mechanisms on solving the conflict, ponders reference value for China that changes in the role of judges brings. And it makes rational thinking of current conflict in judge's role in China; The fourth chapter discusses the optional path of conflict in judge's role in China. It focuses on the coordination of conflict in judge's role. It innovatively renders the solution from three aspects, which are strengthen role awareness of legal person, weaken role status of human rights, and rational locate social roles of per-son. It also renders new opinion about coordinating role of judge's conflicts, and strives to provide valuable recommendations to resolve the conflict.