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Model Judge Selection and Definition of Judge Role

Author: LuLiuChao
Tutor: HuangWenYi
School: Jilin University
Course: Legal Theory
Keywords: Model Judge Quantitative study Qualitative study Judge Role Conflicts
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 176
Quote: 0
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Abstract

AS model judge selection is spreading in China at present, more and more model judges with various honor titles are emerging. The media launches massive publicity, so the people confront with diverse images of model judges. However, this phenomenon does not seize the key issue. In fact, model judge selection in our country is the same as those in other fields which are concerned with society, politics and culture. If we adopt a reasonable study approach to judge’s deed materials available, we can access to the knowledge of the justice and the rule of law and provide the ideas of social development. Therefore, the approach is not only economical and sensible, but also significant.The study entry point is characterized by the content of model judge selection. First of all, we use the probability sampling methods and choose 50 model judges’ deed materials from considerable materials. Then, we adopt content analysis of literature study method as our approach, and select 50 model judges and analyze their deed materials with qualitative and quantitative research. With qualitative research, we divide model judges into 8 kinds:one with profound law theoretical knowledge and ability to study legal theory; one with skillful mediation; one with superb trial capacity and advanced trial concept; clean and fair model judge; one with the spirit of dedication; one with the idea of justice for the people; one with the awareness of the overall interests and one with the quality of helping the people in need. What is more, political quality, moral quality and justice profession capacity contain the above model judges. In quantitative research, we take advantage of the result of qualitative research and quantify 50 model judges from three aspects of political quality, moral quality and justice profession capacity and make statistical results. The results are respectively 92 %,100%, and 56%. According to probability sampling principle, there will be one conclusion that the basic content of model judge selection includes the above political quality, moral quality and justice profession capacity and they have different proportions. The research purpose is the definition of judge role. According to the above research content and conclusion, with the help of the homogeneity of model judge and judge group in one sense, there are two issues which are judge role conflicts and the inner tension of judge management and evaluation criteria. AS a matter of fact, the key point is judge role conflicts. We make most of sociology research method and conclude that the causes of judge role conflicts,, refers to Laws and regulations of the Judicial Profession, judges professional groups and legal professional community and social justice needs of people from different groups. To some extent, to improve the legislative technology, reform judge management system and underline the CPC’s ability to integrate the social needs can resolve the key issue.There are a plenty of research methods of model judge. Different topics need different methods and one topic can use various methods. This essay is only one exploratory study. However, it is a new research method.

Model Judge Selection and Definition of Judge Role

Abstract

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