Research On The Command Power Of Trial

If judicial procedure is the bottom line of defending justice,then the trial is undoubtedly the most important part in this line.As the core field for the litigants to express their claims and show their case evidence,the stability and order of the court trial scene undoubtedly plays a crucial role in the realization of case justice and the protection of judicial authority.However,the steady stream of online reports of trial conflicts in recent years suggests that the current law seems unable to give judges just the right amount of support,leaving judges in a constant dilemma.Therefore,this paper tries to demonstrate the possibility and necessity of strengthening the judge's right of commanding in the trial theoretically by studying the conflict in the trial.The first chapter of this paper makes a general introduction to the phenomenon of conflicts in the trial,and makes an overall report on the relevant cases retrieved by the author.After that,it systematically sorted out the relevant laws and regulations about how judges maintain trial order under the current law of our country,and conducted empirical research.The author found that the number of relevant laws and regulations is quite large,the legislators are not unaware of the importance of maintaining trial order,however,the current law still does not clearly stipulate the judge's "trial command power",also does not explicitly emphasize the judge's obligation to maintain the court order.In addition,the regulations of the court order are scattered in different departments of law,and there are repetitions and tautologies among them.Secondly,the judge is caught in a difficult position during the trial.The reasons include at least two pairs of contradictions and four aspects: in theory,China has undergone a transition from authoritarianism to litigation in litigation structure.In practice,with the development of judicial reform and Internet technology,judges has gradually changed the way of trial;Also,from the perspective of the two subjects involved in the conflict,in addition to the lawyer's abnormal litigation strategy and the irrational factors of the parties,there are reasons for the judge's lack of trial technology and command means.Furthermore,the author discussed how to deal with this dilemma,the core of which is to strengthen the judge's trial command power.It is undeniable that in the judicial history of our country,judges once enjoyed considerable power in the litigation process,which was therefore defined by domestic scholars as a "superpower" phenomenon.Therefore,the academic community usually advocates restricting the power of judges to seek stability in the court order.However,from the perspective of judicial practice in my country,the important reason for the frequent occurrence of conflicts in court hearings seems not to be the expansion of the power of judges,but precisely because the judges lack powerful weapons to maintain the order of court hearings.Finally,this paper specifically discusses the connotation of the trial command power in different contexts,and attempts to discuss how to construct and protect the judge's trial command power from the four dimensions of legislation,jurisdiction,litigation systems,and the legal community.In particular,when judges restrain and punish litigation participants who disturb court order according to existing laws,they are subject to the internal approval process within the court system.Not only are the procedures cumbersome and long,they may even prevent judges from making independent decisions.The last chapter also discusses the possibility of constructing the system of judges' direct judgment.