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The Analysis About The Role Of Judge

Posted on:2013-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:X Q HuangFull Text:PDF
GTID:2246330362473221Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China is a country with a population of1.3billion, of which about8,900millionpeople locate in grassroots. The judicial is in the foundation position in China legalconstruction road. The people’s courts face to the grass-roots society most direct and thejudges have direct contact with the grassroots people. As the judges of the people’scourts, the task of solving the contradictions is difficult, and it is related to resolving thesocial disputes in its infancy. The judge of people’s court play different roles whenexercise judicial power. The judge of rural people’s court is a hybrid in fact. They havemultiple identities, and in a court the judge could act as both the judge and clerk or thebailiff. The judge is a complex character that is both professional legal person and thepolitical power, and both social literacy and natural persons. The diversity of the role ofjudge create many conflicts. The most direct consequence is that the confusion ofjudge’s role, and sometimes the judge play role mistakes possible because of thediversity of the role. This conflict of the role easily results in judicial injustices. It isneed to take certain means and a series of measures that strengthen the legalprofessional people role and weaken the judge judicial effects of the judge’s other role torealize judicial justice. The role of the judge’s legal person and legal profession is themost main role of the judge. We should avoid other role’s impact of the judge when thejudge multiple roles conflict to prevent from judicial unjust phenomenon.Based on the basic people’s court of BaiSe perspective, the author analysis thejudge’s diversified roles, explores the conflict of judge’s diversified role of the status andthe method to solve it. Base on the state of law, we should deepen the reform of thejudiciary system and promote professionalism and specialization through theconstruction and improvement by system. The judges need to become a lawyer ofrationalization, a true justice emissary and a real justice person that comply with the law.The judge should abide by the law in anytime. It always maintains the dignity of law,maintains judicial fairness and promotes social fairness and justice.
Keywords/Search Tags:Lawyer, The role of judge plexus, The judge role conflict, The judge roletransformation
PDF Full Text Request
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