The Research On Judges’ Strategic Judicial Behavior

Regardless of the Chinese and foreign, the judges were placed high hope on, and endowed with noble status in the range of ought to be, within the scope of the reality, the judges holding important power. However, despite multiple limited by kinds of programs and professional ethics, and other norms. The results that judges wield authority endowed by law, not always according with people’s expectations. Due to the contradiction, those restrictions are often appears confused. In fact, a lot of Chinese judges are more keen to operate law rather than follow the law, the process of operation actually is a process of game, their behaviors are with the features of strategic. But in different cases, the judges’participation of game are different, so their strategic behaviors could distinguish from strong, weak, many, little, and to above, to below, to internal, to external. While the judges’strategic judicial behaviors discord with the current legal system and judicial spirit, but also "both righteous and evil", sometimes can achieve more fairness and justice instead of common. Though restricted by numerous national ban, but still alive, frequently appear in different places. So, to the strategic tendency of judges’behaviors in judicial process, if don’t simply define it as a kind of wrong, and take a detailed analysis or research, perhaps could only understand the realistic reasons and significances of its existence thoroughly, and to put forward the method of regulation. If so, for the interpretation of its real function, also can’t in the way of simple judgment through right or wrong, and introspection on its existence may provide the correct idea of establishing rule of law in China. Through the analysis of the phenomenon of the strategic tendency of judges’ judicial behaviors, based on understanding and summarizing reasons that the appearance of strategic judicial behaviors, it could be found that The current big four dilemmas, what judges are facing to in our country, in career, operational, ability and thought, it may mean that the appearance of judicial behavior strategy, also closely connected with the social transformation and establishing of the rule of law.Take the whole career ecology of the judge as analysis object, research from a macro perspective, can find that under the effect of the complex relationship between nation, social public, imported judicial concepts and standards, autochthonous legal requirements and reality, judges’ career struggling of development, facing dilemma. If focuses on the corresponding degree and the availability of judicial cost and judicial resources, analysis through medium perspective, figure out how to the judge employ and allocate kinds resources carefully, how to eliminate and offset the shortage of resources, and calculate the limitation and benefit case that judges dealt with in the process of cases, which can be found operational dilemma. If focus on the degree that judge meet judicial demand in one case, analysis through the microscopic perspective about the relationship between judges’ ability to solve problems and the cultivation of judges’professional ability, the increasing complexity of case, then the ability dilemma of judge could be found. If lock perspective on judge oneself, analysis the thinking mode of the judge in the judicial process from the perspective of individual, find out why there are overlap and separation between ideal and realistic thinking mode, and to explore its causes and effects, could also find that lots of judges were in the dilemma of thought.Judges’strategic judicial behaviors have become big obstacle in the progress of judicature, the solution needs to be traced back, clear venation, establish reform and improve the corresponding system based on reality, then promote the construction of the rule of law steady progress in China. So the jurisdiction should be reasonable localized, and according to the condition of social reality, to consider humility or strategic of exercise jurisdiction as a whole, based on the direction of division of labor and mutual supervision of tribunal, then to decompose and weaken the impact of external factors on the judge gradually, and establish and improve the consultative mechanism of trial, to enhance the ability of the judges to solve the cases, the core work is to amend the alienated homogeneous thought mode of judges. To accomplish these, must to integrate variety of powers, work from multiple paths and converge in one place to break barriers, and promote the construction of rule of law on the right path forward steadily.