99% Normal Adjudication and 1% Supernormal Adjudication ---- Posner Paradigm and Construction of Chinese Scholar-Type Judge Mechanism

Min Niu, Fang Chen

Abstract


Law of individual equity pursues for scholar-type judges who are endowed with radical talents and revolutionary spirits. To trigger out these judges’ natural advantages of mastering law theories and reform trends and overcome their shortcomings of ignoring equity of interests in criticizing legal system and seeking for radical reform are the key parts in the modernization of China legal system. “Double excellent law man” Posner’s paradigm shows the core of constructing a scholar-type judge mechanism, that is, to cultivate judges who possess characters of being modest, wary, and responsible, gifts of openness, wisdom, and unselfish, super ability of logic analysis, loyalty to rationality, sagacity and courage of grasping reform chances and making supernormal adjudications, and avoid the attitude of “results-oriented adjudication”.

Full Text: PDF DOI: 10.5539/ass.v4n10p81

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Asian Social Science   ISSN 1911-2017 (Print)   ISSN 1911-2025 (Online)

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