Gentle dress and passive judgment
The uniform of military and police judges wearing big hats is a product of the planned economy era and a dress pattern that adapts to the authoritarian litigation mode. It means that judges actively pursue and crack down on crimes on behalf of the country, and judges, prosecutors and public security personnel are in the same trench to punish crimes. However, the modern litigation concept requires judges to conduct trials passively, passively and neutrally, and judges are referees rather than athletes. Judges are only responsible for hearing cases, and the functions of investigation, accusation and defense are exercised by police, prosecutors and lawyers respectively. Especially since the promulgation of China's criminal procedure law, China's criminal procedure mode has changed from authoritarianism to confrontation, which requires judges to be passive, neutral and passive, not inaction, but for justice. At the same time, under the condition of market economy, people are the best judges of their own interests. The parties do not want the state organs to take the initiative to go deep into their personal affairs, and judges do not need to exercise their rights instead of the parties. He should only judge right and wrong by jurisprudence and inner conviction, and be a negative judge, not an active law enforcer. This determines that under the modern litigation system, it is difficult for military and police uniforms representing violence and initiative to show their elegance in the series of judges.
Black judges' robes and lonely judges
The robe of a judge is quite different from the clothes worn by ordinary people. Produced by the state and distributed to people with certain status and engaged in specific occupations. Judge's robe mainly reflects not the welfare treatment of judges by the state, but the professional status of judges is different from that of ordinary people. From the meaning of robe, robe is to wrap people in clothes. A judge's robe means that the state wraps a judge in a black robe. In essence, the state wants the environment of judges to be relatively closed, not to contact with the parties outside the court, and to keep a certain distance from other people who should not be in contact. Distance can produce authority and distance can also promote justice. Many effective judgments of the court are difficult to execute, which is related to the close contact between the judge and one party and the resentment of the other party. The state gives the judge a black robe, hoping that he can conscientiously implement the provisions on withdrawal, not only to stay away from the plaintiff, but also to keep an equal distance from the defendant. Although a judge is a secular person, when he wears a robe, he should keep a certain distance from the secular. The country hopes to bind the judge's beating heart and yearning for the world with his robe.
Closed environment and independent personality
In the closed environment created by black robes, judges are independent. He is free from outside interference. Only an independent judge can realize independent thinking and judgment, and finally realize justice. Judges in black robes are independent of administrative leaders, professional leaders, judges in higher courts and judges in courts at the same level. Only when judges are independent can a fair trial be achieved. If there are false and wrongful cases, it is rational to let them bear legal responsibility. The black robe not only wraps the judge's body, but also casts a sincere heart. A judge is a judge under the law, and he has no master except the law. The robe of a judge can cultivate the judge's independent personality, his legal theory and belief in the rule of law, and finally realize fair judgment.
Black and reason
From the perspective of psychological theory, black represents dignity, rationality and depression, and corresponds to red's boldness, enthusiasm and impulsiveness. The trial depends more on reason than passion, and the black robe helps to cultivate the rational feelings and mentality of judges. Judges must always be alert to the impact of passion on rationality and the erosion of fairness and justice by prejudice and prejudice when trying. He must make appropriate decisions with a normal mind, and his thinking must conform to the legal requirements and logical norms at the same time. It is the unity of legal thinking and logical thinking based on evidence. He should make strict reasoning and careful verification, as Bacon said: "A judge should be more knowledgeable than wit, more dignified than general favor, and more cautious than self-confidence."
Cultural taste of judge's robe and judge's behavior pattern
Judge's robe is a judge's document, which not only reflects the professional characteristics of judges, but also reflects their hobbies and cultural tastes. Dr. Hu of Xiangtan University believes that the judge's robe is the closest to the master's and doctor's clothing and has a high cultural taste. Judge's robe means civilization, peace and calmness. It requires people who wear judges' robes to have rich knowledge, profound sentiment and firm belief in the rule of law, and also requires judges to have an ultimate humanistic concern for society and people. At the same time, it indicates the continuous improvement of the professional threshold of judges in the future. Not everyone can wear this robe to race with bulls. Look at the judges in western countries today. Most of them have bluffing professional titles, academic qualifications and profound knowledge. Black robes represent not only knowledge, but also experience. The object of a judge's trial is people's money, life and death. The trial process is full of labyrinths, and he needs to analyze doubts and solve problems. The outcome of the trial is related to the country's fortune and the will of the people. The judge's trial is no small matter. He is the last line of defense for social justice. Without experience and wisdom, it is difficult to make a fair judgment, which is one of the deep reasons why judges' uniforms have changed from military police to robes. This requires reforming the source of judges and promoting the professionalization of judges. Trial is a combination of knowledge and experience, and not everyone can reach into the trough to take a bite.
Clothing affects behavior, and robes should be gentle and honest. It requires the judges wearing the robe to pay attention to their statements and actions, and coordinate their behavior with the robe. The judge who eats the plaintiff and eats the defendant, the judge who is in charge of heaven, earth and air, should not and does not deserve to wear this holy robe. This requires our judges not only to change clothes, but also to change their knowledge structure, ability structure and moral cultivation, so that they can dress up as they are now.
Judge's robe fabric
There is only one set of existing judge robes all year round, and the fabric is single-sided gabardine. The advantages of this fabric are wrinkle resistance, pilling, no deformation, good drape and stiff wearing, while the disadvantages are poor air permeability and hard hand feel.