法官中立——以民事诉讼为视角-诉讼法学专业论文.docx

1 1 2 2 Abstract The former president of the supreme people’s court Xiao yang have proposed in December of 2001, “‘neutral, equal, transparent, just, efficient, independent, civilized’ is the basic requirement of modern judicial idea. ” Then, on the seventh country civil judicatory work conference in 2007, president Xiao yang proposed again, “According to the basic requirement of procedural justice, the judiciary should be neutral, should have no interest relationship with these two parties, and should be clean. The judgment which is made on the premise of procedural justice and image justice is the only convincing judgment.” Neutrality is the life of judgment, and judiciary neutrality is the essential requirement of jurisdiction. Judiciary neutrality is not only the major requirement of judge conduct, but also the requirement of judge ability. It is also equal to procedural justice, and it is the most essential and the most important factor in the process of realizing procedural justice and fair proceeding. Judiciary neutrality is not only an attitude, but also the guarantee and premise of realizing the entitative justice and procedural fair. However, in the theoretical circles and the judicial practice we haven’t enough knowledge on the principle of judicial neutrality. Therefore, this article will propose some suggestions, in order to remodel it. Except introduction and conclusion, this article includes four parts. The first part: the general theories of judicial neutrality, including the concept, content, and extension of judicial neutrality and the history development of judicial neutrality. First, this article has inspected the concept and connotation of judicial neutrality, mentioning that judicial neutrality includes two aspects: 1. having no individual interests; 2. having no impartiality. To accomplish these two requirements, the judiciary must keep the faith neutrality, the morals neutrality, the value neutrality, the position neutrality, and the politica