The Construction Of The Judge Replacement System

In the judicial practice,it is just the legislator’s wishful thinking that the judge not replaced.Because of the subjective and objective reasons,the judge isn’t even able to exercise the trial functions,resulting in civil cases interrupted.Therefore,filling the vacancy of the judge,applying the judge replacement system is necessary.The judge replacement system doesn’t belong to the judge system or the trial management system,it does belong to the category of civil lawsuit system;Its position and value is independent,but it’s just a supplementary system,the exception of the principle that the judge cannot be replaced.The system should be designed and constructed under the adversary model,ensuring the justice,improving efficiency of the proceedings,through the collaboration among both the plaintiff and the defendant and the court,realizing the procedure autonomy in order to safeguard rights of both the plaintiff and the defendant.The existing legislation files about the judge replacement system have some problems:Filled with limitation and universal applicability;Different courts’ content of the system have different content and uneven level;Not comprehension of the system’s applications;not making specific provisions on the authority of the court applying the system.There are some ways as follows to solve the problem and improve the over all design of the system.Expand the scope of application of the system;Rose the system to the judicial system;The system’s applications contain the judge not to perform judicial duties due to the subjective and objective reasons,excluding the avoidance system.Applying for application of the system as the main way,and the authority of the court applying the system as the supplement.In order to avoid the program not be swing,the application should be submitted before the court’s debate.The succeeding judge should be determined by both parties,if the parties fail to reach an agreement,the succeeding judge should be determined by the court.According to the procedure before the decision the facts of the case or the applicable law or not,To distinguish the effect under different conditions by agreement of the parties shall be decided before the procedure.Relating to the judge’s responsibility system,the trial system and alternate judge system,the judge replacement system will be better to play its due role and more valuable.