Judge-centered Procedural Mode And Its Impact On Chinese Modern Procedural Law

Judge-centered procedural model was the main factor of the twentieth century. Thehistory of civil procedure has been going through a line from paternalism to libertarianismand to socialism. China shared the similar background with Austrian in the twentiethcentury when the judge-centered procedural model came into being. Since the twentiethcentury, the civil relationship has changed, as well as the role of the country. Therefore, theparty-centered procedural model underwent a crisis, which brought about the existence ofjudge-centered procedural model. The content of the model was expressed in the theory ofFranz Klein and Wassermann. With the influence of judge-centered procedural model,Austrian, Germany and the UK reformed the judicial system of the countries. At thepositive level, this model also has drawbacks. China can benefit a lot from the theory ofjudge-centered procedural model.