The Research On The Behavior Of The Civil Trial Judges To Assist Parties

In modern civil trial, the judge’s role to be strengthened. An important aspect of thejudge ’s role is to strengthen the party ’s assistance. Judge conduct of the parties to assist inlitigation against the data, by asking, instruction, discussion, etc., to promote theunderstanding of the facts of the case but also can speed up the trial process, but also toprotect impartiality, and to the extent possible in a lawsuit trial the end of the level. Thispaper will judge the conduct of the parties to assist in this perspective, the judge asked theparties to assist acts scope, approach, border and remedies.Specifically, the paper text except the introduction and conclusion, is divided into fiveparts:The first part is the basic theory of the behavior of judges to help: the debatemodernization, disposition, and the full exercise of judicial doctrine of social trends arelegitimate basis to assist the judge acts; assist behavior is given to the parties in the trial judgein the litigation aspects of the information presented to assist in the conduct; assist in terms ofthe nature of the behavior of the judge’s conduct; assist with the relationship between thebehavior of judges and parties to coordinate and promote litigation process and help theparties achieve offensive peers and subjectivity right parties and other functions.The second part of the study is to compare the behavior of related systems to assist thejudge: In France, judges enjoy the action at the command of the preparation procedure andevidence presented data; in Germany, a judge on the merits of the case entitled to substantiallitigation command, more scholars believe judges should find the facts and the partiessynergies; in Japan, the judge may ask questions of the way through the conduct of theparties interpretation on the factual and legal issues. By comparison, the system can be madeto help investigate the behavior of judges.The third part of judges to assist the parties conduct content: In the civil trial, dueprocess of trial activity and expertise, coupled with the limitations of resources andcapabilities of the parties themselves, the parties need to judge from the claims of perfectpoint of contention in the case organize, make claims and evidence about the facts of the caseare four aspects to assist behavior.The fourth part discusses manifestations of the parties to assist the judge: to assist the judge’s conduct must be implemented through a certain way, the usual expressions haveasked to indicate and discuss three. The inquiry is proof to a party or a witness on the matter;instructions are parties to the litigation conduct appropriate guidelines; discussion is dialogueand exchanges with the parties.The fifth part is to assist judges and judges of improper behavior boundary behavior ofrelief assistance: assistance to the judge’s conduct is not only the scope and manner of itscontent, but also the purpose of the proceedings should be in the party and the fact thatboundary. If the behavior of the judge’s help beyond a certain boundary, the parties have theright to dissent in the trial, after the end of the trial may appeal or apply for a retrial.