Study On Legal Guarantee Mechanism Of Bilingual Judges In Ethnic Regions In Xiangxi Hunan As An Example

The court is the judicial organ of the state and an indispensable machine to protect the public power of the state and to relieve the private rights,shouldering the mission of fairness and justice.Judges are direct practitioners of the judicial system,the overall quality of the team of judges must affect the quality,efficiency and authority of the judiciary.The construction of a contingent of bilingual judges is central to the development of the rule of law.The bilingual judges in the minority areas need to do their own duties to give full play to the judicial function and to be the legal representative for the people in minority areas,protecting effectively the legitimate rights and interests of people from infringement.In the minority areas of our country,bilingual judge is the procedural guarantee for minority to use their mother tongue in litigation.By comparing the construction of the team of bilingual judges between minority areas,such as Yunnan province,the Inner Mongolia Autonomous Region and so on,the generality and the difference about the bilingual judges in minority areas are summed up.Tujia-miao Autonomous Prefecture of Xiangxi,which is situated on the northwest of Wuling mountain in Hunan province,is one of the main battlefields in the country’s flight against poverty and ethnic minority communities.The construction and development of bilingual judges have both generality and individuality in the whole country.The generality is that the women,elders and children in the minority areas who just stay at home and have language barriers are not only the main part left behind in the countryside,but also a group of contradictions in the process of the continuous development of urban-rural dual structure.At the same time,they have become a special group that cannot realize their legitimate rights and interests due to language barriers when resolving conflicts and disputes.The problem of language barrier makes the representative people in the minority areas appear particularly prominent in the process of litigation activities in the court.Only breaking the language barrier,realizing the fundamental rights letting the masses believe in the law,can people raise their awareness of law,can we promote harmonious,stable and healthy development in ethnic minority areas.Through the study of bilingual judge team in western Hunan,we can provide certain theoretical support for the construction of judge team and the process of local rule of law in the western Hunan ethnic areas,which will help promote ethnic unity and modernize the socialist governance system and capacity with Chinese characteristics.The whole essay includes five parts,the first part is the research background and its significance,review of domestic and foreign research literature and research methods and feasibility analysis.The second is to summarize relevant theories to analyze and conclude the mature experience in construction of bilingual judges in China and do a good job of linking the key points of the text research based on the theory system.The third part is the overview of the present situation of the construction of bilingual judge team in western Hunan,ranging from policy and institutional support to the necessity of its construction.The fourth part is to analyze the problems of bilingual judges in western Hunan from the aspects of the national system construction,team responsibility division,judicial service mechanism and so on.The fifth part is to come up with the strategies about the construction of bilingual judges in western Hunan from the aspects of team system construction,ability and quality cultivation,safeguard mechanism innovation and the bilingual judge selection system.