Analysis On The Practice Dilemma Of Community Judge System

The deepening of china's social transformation and the high development of the market economy have promoted the adjustment of social structure and the change of interest pattern,at the same time,they have also led to the emergence of carious types of conflicts and disputes,which together with traditional disputes pose a challenge to the modern dispute resolution mechanism.On the other hand,with the country's emphasis on the rule of law and the gradual strengthening of the national awareness of the rule of law,a large number of disputes have poured into the courts,resulting in an explosive increase in the number of court cases and an increasingly prominent contradiction between a large number of cases and a small number of cases.The original intention of community judges is not only to intervene in disputes in time,resolve disputes at the source,implement justice for the people and relieve the pressure of court handling cases,but also a way to innovate grass-roots social governance.However,although the starting point of community judges is worthy of affirmation,they are facing a series of difficulties in practice and theory.Community judges are an institutional model foe judges to enter the community to carry out legal publicity and mediate disputes,however,at present,China's multiple dispute resolution mechanism has achieved initial results,various non-litigation mediation mechanisms have been basically skilled,and the network dispute resolution technology has been gradually promoted.Under this background,ti is not only a waste of judicial resources but also a squeeze on the non-governmental dispute resolution force and an arrogation of government functions,thus expanding the scope of court functions in a disguised form.In addition,the judge's initiative to work in the community and to intervene in disputes arising from investigation is also a violation of the principle of judicial passivity,and its neutrality cannot be guaranteed without procedural constraints.In addition,the community judge's mediation-based dispute resolution method makes the folk customs if villages and towns an important basis for judging cases,and even makes the reason override the legal principle.In the long run,judges will inevitably confuse the logic of legal thinking with the logic of social life,thus resulting in the diversification of the basis for judgment.This is not only detrimental to the construction of judicial professionalism,but also deviates from the goal of ruling by law in modern countries.Therefore,whether the community judge system should be promoted is still a debatable topic.This article first introduces the origin and development of community judges,and summarizes their characteristics and types of existence in practice.Then it draws out the viewpoints to be discussed by comparing the original intention of their establishment with the actual operation.Secondly,it analyzes the reasons why the community judge system is negative in practice.the article analyzes the reasons from both theoretical and practical aspects,that is it violates the principles of judicial passivity and the rule of law in theory,while in practice it confuses the functional scope of the court,the people's mediation organization and the government.Thirdly,it is to analyze the internal and external reasons for the negative performance of the community judge system.The internal reason is that the community judge system itself has defects such as unclear powers and responsibilities,fails to distinguish the primary and secondary functions of the court,and distorts the active justice,externally there is a lack of social environment for the survival and development of community judges,mainly due to the limitation of judicial resources,the skillful traditional dispute resolution mechanism and the application of network dispute resolution technology.Finally,according to the drawbacks of the community judge system,this paper puts forward alternative solutions,namely,the government purchases legal services,lawyers replace judges to enter the community,and perfect the relevant mechanisms such as litigation and mediation,so as to promote the effective resolution of community disputes and reduce the conflicts between court and case under the premise of not violating the judicial principles.