The Research On The Role Orientation Of Family Trial Judge In China

In the process of the development of the society under the rule of law,the role of the judge is becoming more and more abundant.In the judicial trial,the judge is not only a neutral judge,a man who applies the rules,but also plays the role of social engineer in the social management.In different types of cases,the position of these three roles of the judge is not the same,but which is the primary is certain.At the same time,in the judicial activities of family cases,due to the particularity of family affairs and the lack of family trial procedure,the effect of family trial is not ideal.In order to pursue the effect of family disputes,many people's Courts used the way of mediation to solve family cases.Because of the people's Court one-sided pursuit of trial results,the family judge's role and the role of judge in the modern rule of law have a great deviation.This deviation is not only contrary to the modern concept of the rule of law,also makes the social effect of the family trial far lower than expected.In this urgent situation,the trial of domestic cases in our country has opened a nationwide pilot reform.In this paper,through the analysis of the three roles of judges,the author establishes the different status,which provides a theoretical basis for the role of the judge.In the study of family judge's role orientation,the author uses the methods of literature analysis and statistical analysis analyzes the important role of mediation in the judicial practice in our country.Through the comparative analysis,this paper reveals the differences between the roles of judges in mediation and judgment.Under the system of not separation of mediation and trial in China,the difference between the role of the judge in mediation and judgment means that the judge needs to make the role transformation in the whole process of the trial.According to role theory,when actors play multiple roles on a stage,and need to continue the role of conversion,it is easy to appear the role of tension,and ultimately lead to the consequences of the collapse of the role.As a result,it is easy to make the role of family judges in the role of the collapse in the system of not separation of mediation and trial of our country.Eventually,it led to the failure of the entire trial process.At the same time it is also easy to arouse the discontent of the masses as the audience.Compared with other countries in the process of dealing with family disputes found that other countries also make the mediation as a major means to resolve family disputes.The difference is that each country separates the mediation procedure and the judgment procedure in the system design,and uses two different actors made up the two roles in the staffing.The separation of the mediation procedure and the judgment procedure,and the separation of the mediation personnel and the judge effectively solve the above problem.And the dispute resolution effect is better.The more reasonable system of foreign countries are used for the family trial reform in our country,pilot courts aimed at the actual situation,formulated reform measures,explored a new model of family trial reform.This new family trial mode has a great impact on the role of the family judge.With the deepening of the reform,family mediation has become the center of family trial reform.Gradually,the people's court makes the separation of mediation and judgment through the construction of the system,so that the role orientation of the family judge is reversed,and it changes the direction of the modern rule of law.Through the above research,we find that the role of the the family judge is still a basic role,and it plays a fundamental role in the role of judges.At the same time,the social attribute of family case decides that no matter how to separate the mediation and the judgment,the role of the social engineer who is carried by the family judge occupies a large proportion.In the next judicial reform,how to coordinate the positioning of these two roles is still the most important reform.But we need to make it clear that,in the family trial,the basic status of the neutral judge of the family judge can not be changed,the process of family trial should maintain the authority and dignity of the law.The embodiment of the value of the role of the family judge as a social engineer should also be reflected in the judgment results,to guide the parties and other social people to the direction of the rule of law.