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An Analysis on the Roles of the Judge in Thecivil Procedure

Author: HuBin
Tutor: WangZuo
School: China University of Political Science
Course: Procedural Law
Keywords: civil procedure judge role hidden inspection cooperation and restriction
CLC: D926.2
Type: Master's thesis
Year: 2008
Downloads: 143
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Abstract

In this thesis,the author aims to talk about the roles of the judge in the proceedings of civil cases,which involves a broad content.The author attempts to analyze the micro-situations in the procedures when the judge hears a case from the perspective of a civil trial in order to make the reader have a more profound understanding of the implementation of the judicial affairs.This thesis consists of four chapters:In chapter one,the author tells the reader his intention of writing this thesis and analysed the reason why he chooses the civil litigation as the background of researching the roles the judges play in civil proceedings, and points out that the object researched in this thesis is judge,not the court,which is only regarded as outside environment under which the judge performs his duty.In chapter two,the author inspects the special environment in which the judge works in civil litigation,including both history and reality background.In chapter three,the author offers an analysis on the three roles the judge plays in the civil proceedings,that is,the commander and manager in the tribunal,the identifier of the fact and the applier of law.Then,the author also analyzed the relationship between the judges and the parties involved in the litigation process.It is also a dynamic supplementary to the static inspection of the judge’s role described in the preceding paragraph.At the same time,the author makes comments on the situations when the roles are misplayed by the judge’s improper judicial deeds in the reality practice of law.In chapter four,the author focused his attention on the hidden factors, which the judge shall in no doubt take into consideration in the course of discretion.These factors can be easily ignored under the trial principle of "base on facts and take law as the criterion".However,the existence of these factors shall also have great impact on the judge’s practice.The author investigated the three different roles which the judge plays in the civil justice.He believes that any over-lighted role among the three shall lead the case to a different result.It is of great importance to harmonize the three roles in order to ensure the independence of judicature.

An Analysis on the Roles of the Judge in Thecivil Procedure

Abstract

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