Analysis Of The Judge's Role-playing In The Judicial Process

Since the reform and open policy, with the market economy established and developed, requirements of establishing a corresponding legal system are more and more intensely. At the same time, more and more people realize that only increased laws can not improve the realization of the law system, judicial reform is more and more necessary. However, the judge should play a direct-driver and specific practitioner in judicial reform and it is very important in anglicizing the judge's role-playing in judicial process. Since the ancient times, the judge was always playing a very significant role in the social life. They are not only the executor of the law, but also the feudal ethics of the defenders. Even today, the judge is still facing to play different roles in society. They always try to seek the balance between law and society and identify their roles under various pressures. Therefore, it becomes a key point for the judicial reform in analysis the judge's role that play diversifiable.Based on the analysis of judge diversity, this paper interprets the judge's role-playing in judicial running process by empirical study and theoretical analysis. First, the author compares the role which the judge plays in Sino foreign, shows the differences of the judge's role between foreign countries and China, provides reference in the role of judge plays in current China. Then, through analysis of the judge's role under the social transformation, this paper reveals the reasons why cause difficulties of the judge's role and provides thinking path of the judge's role-playing in discussing the running of judicial process. Finally, through the analysis the judge's role-playing in judicial process, this article analyzes the problems during a trial revealed form dissolve and bridge between law and social conflict, clearance experience. At the same time, the judge's informal operation of legal experience still exist legal risk, which may engulf value judgment experience. Therefore, the current trial experiences should not be ignored and continue to provide provides useful reference for the reform of the judicial system.