The Research Of The Problem Of Judge Native Place Avoidance In Today’s China

The ultimate goal of law lies in the social welfare,any legal system inthe social reality if that is not his own reason to exist, so should not implement.Due to historical, institutional and other reasons, the system of judgeavoidance in our country existing legal system within the framework are defined,which led to the Chinese most judges are in his home seat working in the court,and even served as director and deputy director of key positions.Blood, affection,family and even the woven by relationship network between the superior and thesubordinate to the majority of the local judges brings great pressure, judgeis often in the plight of emotion and laws.Due to the difficulty of strictlyaccording to legal trial, a judge love case, the blood case etc. contrary tothe principle of judicial cases have emerged,therefore, in order to let thejudge get rid of the plight of affection and law, it is necessary to designaccordingly in the system, it is the judge, at least main court judge, not inhis native place to work.A system proposed must withstand the scrutiny of theory and practice ofinspection can be implemented.so,in this paper, from two aspects of theory andpractice attempt to judge the judge native place avoidance,trying to say inChina’s current conditions, the system of the judge native place s difficultto achieve.The first part is preface,combing the cadastral history, necessity,feasibility of the system of judge native place avoidance,in order to has amore comprehensive understanding of a problem.The second part is from the angle of the theory to demonstrate the feasibilityof the system of judge native place avoidance,mainly from the trial basis,dispute resolution model, type of cases, etc. The third part is from the angle of the practice to demonstrate,taking Dawacounty court for example, from the trial judge composition, selection of newforeign judges and parties’s attitude to the nonlocal judges etc.The fourth part is the conclusion.Embarks from the reality of China, basedon differences in regional China and modern China, trying to draw a differentconclusion.Finally aiming at the disadvantages of the judge working in itsbirthplace tries to put forward a little bit of advice of my, in order to makesa little contribution to China’s judicial.