The Study On The Problem Of The Judge's Multiple Roles And Conflict In China

The research about role of judge is a hot topic,research on the judge focuses on the selection of the judge,appointment,evaluation,judge independence and the position of judge in litigation.But just discuss the judge's role positioning,topic is too big and hard to do,which should be put into the background of the reform of the judicial system in our country at present.From the existing study,it can be concluded that:every body in society is in a certain social position as well as in a certain social relations network,which has played a certain role in society.Role is a such thing that group or society has a particular identity towards human behavior.The role of judge is an identity behavior patterns,which is consistent with the judge's social status.There is a special judicial social role function about the role of judge,which is the expectation to those group's behavior with the judicial functions.At present,the judicial reform and development of our country has experienced a new baptism process from tradition to modern.Along with the increasing refinement of social division of labor,the group of judge also gradually become an important role group with a distinct personality of The Times.Specifically speaking,as a judicial personnel,the judge is equipped with the legal person role characteristics;as a member of society,the judge is equipped with the social role characteristics;as part of the administrative system,the judge is certainly equipped with the characteristics of administrative power people role.In this paper,on the basis of existing research,on account of the transformation period of our country as well as the emergence of many new problems in the judicial field in China,we need to make a new look to the traditional legal thought and social mentality.The continuous development of market economy in our country,it is necessary to continue to adhere to the principle of rule of law.In this process,there are so many shocks to legal person role from the administrative power person role and social role,which barriers to the rule of law construction in China,Based on this,it is necessary to study the existing role types and the role's transformation about judge group as well as conflict resolution path.At the transition period of China,it is necessary to step from the administrative leading quickly into the rule of law society leading society;from the administrative authority to the rule of law authority.As a result,the adjustment of the role of the judge in our country is entering a process of a radical transformation,which means that we should not only get rid of the shackles of traditional ideas,but also fully accept the new judicial idea.But in the specific judicial practice,the role of tension and conflict towards judge group is caused by many factor.How to face the problem about the role's conversion of judge?How to solve the problem about the role's conflict that the judge is facing at present.This article will analyze these problems with the help of an appropriate research methods of sociology-"Role" Theory.