Discussion On The Selection Criteria Of The Family Trial Judges

Family dispute is a kind of comprehensive dispute which is integrati ng Legal rationality?ethics property and identity.In the process of deali ng with the dispute,the judge should not only decide the dispute of rights and obligations between the parties according to law.We should also pay attention to the reconstruction of interpersonal relationship bet ween the parties,to avoid the excessive rigidity of justice to create obstac les for the repair of the relationship between the parties.At the same time,the family dispute is still a kind of dispute which is blurred in the adjust ment of public and private law.On the one hand,the nature of the famil y as the field of private construction seriously limits the application of the judge's power of inquiry,on the other hand,The public welfare of the fa mily also requires that the judge's trial of the case should not be a mere fo rmality,but must realize the substantial justice within the family.The han dling of such disputes requires not only solid theoretical knowledge and ri ch practical experience of judges,but also intellectual and emotional intel ligence and emotional quotient for the accurate and flexible use of such knowledge and experience,Therefore,the author puts forward to four sta ndards of knowledge,experience,intelligence and emotional quotient.Ngyu is called “the four criterion theory” for short.The family trial judge,thereinafter family judge for short,acts as the specific undertaker of the trial work of family affairs.The trial quality of family cases is decided by the quality of the family judges.Only by drawing up scientific and reasonable selection criterion of trial judges,and guarding carefully the pass of judge introduction,can we select the high quality talents with high professional level,abundant judicial experience and outstanding trial achievement into the family judge procession.In this paper,literature review,interdisciplinary research,interview and analytic positive method are used to detailedly and thoroughly discuss the selection criterion of trial judges,in order to select the truly excellent and suitable judges for the court of home trial to be formed,which can maximize the effect of judicature on maintain the stability of society,marriage and family.