The Local Knowledge Of The Judge At The Grass-roots Level

The people's court to exercise judicial power in accordance with the law independently,and continuously improve the credibility of the judiciary,and promote the realization of the goal of national governance systems.The governance capabilities of modern,natural and inseparable from the support of the corresponding legal theory and judicial practice.Especially,the realization of the people for the realization of the process in the current,our country society and the rule of law and governance,judicial justice and judicial philosophy,and the judge is the primary judge cases are related to judge the case,and grass-roots court judge's knowledge structure,knowledge structure in knowledge is judge cases is very important part.The judge to use professional knowledge and local knowledge to handling,in addition to the case of correct judgment,but they also can balance the parties legitimate and reasonable interests,the parties to the litigation judgment interest litigation,so as to effectively solve disputes,make the case to achieve a good legal effect and social effect.This,the judge's knowledge structure in the local knowledge of the judge,which is theoretical significance and practical significance greatly.For participating in the activities of litigation between four local judge through access to basic knowledge of the relevant authority of literature and materials,combined with the author in Qinghai Province Huangnan Tibetan Autonomous Prefecture,the court of the counties',procuratorate investigation to four counties,the prosecution system of judges and prosecutors as the research object,and some judges and prosecutors were interviews,to understand the grassroots judges on how to use legal expertise in deciding a case.At the same time,through field observations and interviews,we found that the regional geographical environment difference,Hui and Tibetan customs and religious beliefs,local language text knowledge and so on these at the grassroots level judges in the play Role of a class of local knowledge.After the concept of knowledge,with the combination of normative analysis and empirical analysis,literature analysis,comparative analysis and interdisciplinary comprehensive analysis,historical analysis and other research methods,on the current our country basic level judges in the judicial practice should have the theoretical level and practical level of knowledge of the status quo and significance of some preliminary discussion.The judge,the judge and the judge of local knowledge and the basic connotation of the interpretation of China's grass-roots judge local knowledge of the content,the function,the judge have local knowledge in deciding a case,dispute resolution process to the positive significance,and local knowledge and state law conflict how to understand the cognition and treatment are both positive and negative comparison and demonstration.Finally,how to develop the local knowledge of our local judges,to ensure the feasibility of judicial justice,the local knowledge into the grassroots judges in preservice teacher education curriculum system,in the grassroots judges on-the-job education increased local knowledge of strategy and method,and then the some suggestions.The text in view of China's current level of the magistrate of knowledge theory research and analysis of investigation and,on our current judge quality raise,the cultivation of humanistic quality of judges,to deepen the reform of the judicial system of our country,promote China judge system of education and teaching system of innovation,provide a theoretical reference value.