The Local Judges Role Conflict And Behavior Logic

Since the reform and opening-up in the late1980s, Chinese society has undergonetremendous changes in many aspects. Judicial reform has a great impact on China judicialsystem and the judge has become the most influential person in judicial reform. With thecontinuous deepening of judicial reform, the role of judges has its own particularity. Due tovarious expectations for the judge is varying in different groups, judges roles are divided intolegal, administrative, and social man, which is role conflict for him. Although some scholarshave investigated the judge’s role conflict and role strain since1995, but most of them focuson the reason of role conflict. Few people continue to study the behavioral choices of thejudges under the role conflict. Based on the case in the People’s Court in K city, this thesistries to find the logical relationship behind the behavior of the multi-role conflict.The grassroots courts are not only subject to the supervision of a higher court, but alsoaffected by local government, which implies that the judges in primary court maybeinfluenced by multiple factors, when they deal with cases. In this thesis, one case is chosen todiscuss the reason how to create a conflict between social role and legal role, as well asadministrative role and legal role. The other case is selected to demonstrate the judge how tomake a decision in the two cases. In the legal world, judges are required to deal with cases instrict accordance with the law; in social life, judges are needed to be able to punish evil andpromote good; and in administrative world, judges must pay attention to the interests of thewhole. Thus, the role conflict may occur under the condition of multiple role expectations.Usually, the judge should make a trade-off and a reasonable decision between sensibilities andlaw when conflict exists between social role and legal role. If the “sensibilities” and “law”must be abandoned one, the judge always selects the law. When the administrative role isconflicted with the legal role, the judge often choose to perform the commands of hissuperiors under the condition of not against the law. But, the judge can not guarantee that hewill not violate the law when there is a great gap between commands from his superiors andlaw. In this case, the verdict should approach the commands from superiors as close aspossible and not violate the law.