Judicial "Theater":the Inevitable Choice Of Modern Legal Civilization

The "square" and "theater" of judicature are the two kinds of judicial judgment. Thelaw is sacred which has strong authority. If putting the sacred and dignity court togetherwith the "theater" that is just for entertainment and leisure, it can bring the human a feelingthat is the neither fish nor fowl. However, from the historical evolution of judicature andthe operation of the court to see, the judicial activities and dramatic activities actually areclosely related. The evolution of Judicial judgment which is from the "square" way to the"theater" one is a very long journey. So the Judicial "theater" is the inevitable choice ofmodern legal civilization. At the present of our country, to the path of judicial judgment of"theater", it is necessary to talk a little bit more and make it perfect. Using this way is topromote the further development of China’s judicial reform and the development of China’slegal construction.From the whole passage on the structure and content, this paper has four parts, inaddition to the preface and peroration.The first part interprets the inner relationship between the judicial activities anddramatic activities, explaining the connotation of judicial "theater".The second part firstly makes a clear definition of the "square" of judicature, thenanalyzes the historical soil of it.at the same time, this part also points out the shortcomingsof the "square" of judicature. Then Within the perspective of social division of labor andthe development of the legal consciousness, this part explores the causes and summarizesthe development course of judicial "theater". At the end, it explains the process of evolutionand analyzes the inner dialectic relationship, which is between the "square" and "theater"of judicature.Combined with China’s judicial practice, the third part points out that the judicial"theater" is good for cultivating the consciousness of judges’ roles and professional images.This way gets rid of the brutal justice under the public trial of judgment. Under this way,the judicial activities become gradually more and more rational. this part makes it clearthat the Judicial "theater" is the inevitable choice of modern legal civilization.The fourth part analyzes the feasibility of the judicial "theater" in Chinese judicialpractice. Furthermore, it analyzes the judicial problems which will be faced duringpromoting the process of judicial "theater". Finally, the reasonable suggestions for it areproposed, making it finally established in our country.