On The Judge’s Neutrality

The trial presents a tripartite structure. As the judge ofthe dispute solvers, he inevitably need to remain neutral in the process of litigation, be impartialand keep the same distance of litigation of both sides.Judge’s neutralityspecifically requires the judge eliminate inner prejudice and stereotypes in the process of the judgment, respect the equal litigation rights of both parties in the process of litigation,respect science appraisal and expert advice in the process of examination of facts, make a fair decision on the basis of objective laws in the process of the referee. Also need the judge keep neutral in the political,the society and himself. Judge’s neutrality includes four aspects; judge may not have a stake in to the case, the judge may not have prejudice, ensure equal litigation rights of both parties, may not be in contact with the party unilaterally. Carry out these onto the concrete system, we should strengthen the procedural settings and professional ethics of judges. Procedural Settings should maintain the adversary system, limit judge’s authorityreasonably, and ameliorate the relevant concrete system.