Research On The Principle Of Legal Judge

The judge has important significance for the finally judicial referee. There is a series of specifications of the judges of the court and the basic principles are for pursuing the judicial fairness and justice. In these principles, Principle of Statutory judge who is with "jeans face" has played an important role.Principle of Statutory judge comes from the law amendment in19th of Germany. By the end of late19th century, nationalism、romanticism and the science of law have achieved Political integration and legal Codifications in Germany. Moreover, it is just because Germany has been committed to diligently pursuit of the "a legal state", correspondingly, it is strict with the judge who wielded the law.The Principle of Statutory judge has been clearly written in the《Code of criminal procedure》 chapter14\t、《Basic Law for the Federal Republic of Germany》article101and《Judicature Act》article16.That is only the statutory judge can be to try a case.All Round the World, Western nations and regions have materialized this principle in their《Code of criminal procedure》.Indeed, the principle has been up to the height of the Constitution。On the contrary, all kinds of relevant laws and regulations in Chinese mainland, we find nothing definite rules of this principle. Meanwhile, in judiciary practice lacking of effectively supervising to court and the case management lead to the phenomenon of violating the Principle of Statutory judge. But these problems are not getting highly attached. So, it is necessary to establish the Principle of Statutory judge. We should reform the court system of China on the basis of law spirit; it is good for protecting the legal benefit of defendant.