Chinese Judges’ Role And Judicial Strategy During The Transitional Period

In the background of the transformation of China, judicial faces multipleperipheral plights, and judges not only play the role of the application of law duringthe judicial trail process. Relative to the ideal status, judges are not only the legalperson, but also the social person and natural person. The run of judicial is closelyrelated to its’ country’s social system, organizational environment and organizationalculture. The role and judicial conduct of judges are the outcomes of the real socialfield that are composed of complex social relations. as the direct takers and thespecific practitioners of the run of judicial, they respond the state’ public andsociety’s needs through their own role-playing and judicial conduct in the interactionof intuition and judicial practice. In practice, judges need to play multiple roles.Theyare important enablers of the process of modern law and promote the rule by law.They also have to promote the resolution of disputes by judicial trail and realize thegovernment and control of society, so as to get more social capital to promote theconstruction of the judicial credibility and the authority of the judiciary. In addition,they must play the role of defenders and implementers of policies for getting morepolitical capital. The trend of the role set of judges makes the analysis of Chinesejudges’ role has to focus on the process of judicial practice. We must have an insightinto the factors that influence the role-playing of judges, only in this way, we canrelocate the role types of Chinese judge,get more comprehensive and objectiveunderstanding of the true state of Chinese judges’ role and realize the shortages andplight of current judge’ role-playing.This essay consists of three parts. In the first part, I pretend to elaborate thebackground of this study and point the peripheral plights of the current run of judicialduring the transitional period. In the second part, through investigations of theChinese judges and their juridical conducts, I pretend to summarize the types ofChinese judges’ role-playing. Then, I analyze the roles of Chinese judges in the wayof social role theory and field theory. In addition, I elaborate current court utilitarianassessment and incentives that is numerals management in judicial practice madejudges’ role strain to some extent. In the third part, I try to profile and interpret thejudicial strategy used by judges in their role-play through case-by-case analysis. In theend, based on the analysis of the role and image of judges that shaped by authority, I try to ponder over current Chinese judges role-playing and the possible roleconstruction path and direction.