The difference between a judge and a judge: A judge and a presiding judge are in the process of hearing a specific case, that is, they form a collegiate bench or a sole court. Judges are a series of national civil servants with different grades. In court, the subject is the judge. In the trial of a case, a collegial panel is composed of judges and jurors, and the judge is the presiding judge. A judge may be the presiding judge of this case or the judge of another case. The presiding judge refers to the judge who is responsible for organizing trial activities in the collegial panel formed by the people's court to hear cases. However, the presiding judge is not a fixed title, but a temporary one for hearing specific cases. Judges are engaged in the work of courts and try criminal cases and civil cases. Protect citizens' personal rights, democratic rights and other rights, and ensure the smooth progress of the country's socialist revolution and socialist construction.
Legal objectivity:
Legal jurisdiction is an effective way to effectively safeguard legal authority, punish illegal acts and safeguard social fairness and justice. It is the embodiment of the exercise of judicial power by state judicial organs, and it is also the judicial power in state power. What are the elements of legal criminal trial activities, and what are the basic characteristics of the people's courts exercising criminal trial power? Lawyer Peng Songming will comb it for you. Composition of criminal trial activities Criminal trial activities consist of two parts: trial and judgment. The so-called trial refers to the activities of the people's court to investigate and verify the evidence, find out the facts of the case and determine how to apply the law with the participation of both the prosecution and the defense and other participants in the proceedings. The so-called judgment refers to the activities of the people's court to make conclusions on the substantive and procedural issues of the case according to the ascertained evidence, the ascertained facts of the case and the relevant laws. Trial is the premise and foundation of judgment, and judgment is the purpose and result of trial. In the whole criminal procedure, trial is a central and decisive litigation stage. It determines the final result of the case, the success or failure of criminal proceedings, and the realization of the country's specific punishment right. The people's courts have the following basic characteristics in exercising criminal jurisdiction: 1. The passivity of trial procedure. This means that the people's courts follow the principle of "no prosecution, no indifference" when trying cases, that is, no prosecution and no trial. Public security and procuratorial organs have the initiative to exercise the right of prosecution, that is, when they discover the facts of a crime and need to be investigated for criminal responsibility, they must file a case, investigate and prosecute. The passivity of the trial procedure is manifested in many aspects: if there is no prosecution by the procuratorate or private prosecutor, the case cannot be tried on its own initiative; It is impossible to judge the criminal facts that the prosecution has not accused; The defendant in a private prosecution case has not filed a counterclaim and cannot take the initiative to hear the counterclaim case; Without the defendant's appeal or the procuratorate's protest, the court at the next higher level shall not start the procedure of second instance; Wait a minute. 2. independence. It means that the people's courts independently exercise judicial power according to law. Not only that, judges are independent and have the right to express their opinions independently and equally when commenting. As Marx said, a judge "has no boss except the law". 3. neutrality. This means that the court maintains a neutral litigation position relative to both the prosecution and the defense in the trial. The court is neutral between social interests (prosecutors) and personal interests (defendants) and only represents the law. The neutrality of the trial is an important guarantee for the defendant to get a fair trial. Article 65-438+00 of the Universal Declaration of Human Rights stipulates that "everyone has the right to an absolutely equal, impartial and public trial by an independent and impartial court, when his rights and obligations are judged and when he is accused of a crime". There are some specific requirements for neutrality, such as the person involved cannot be the judge of the case, the judge must not have any interest or other relationship with the outcome of the case or the parties to the dispute, and the judge must not be biased to support or oppose one of the litigants, and so on. 4. authority This means that once a criminal case goes to court, it has the legal effect of litigation, and the court has the obligation and power to try and make a judgment. 5. Procedural. It refers to the legal consequences that the trial activities should strictly follow the legal procedures, otherwise, the trial activities may be invalid and need to be re-conducted. 6. Personal experience. It means that the judge of the case must participate in the trial from beginning to end, review all the evidence and make a judgment on the case on the premise of fully listening to the opinions of both the prosecution and the defense. 7. openness. It means that the trial activities should be conducted in public and the door of the court will always be open. Except for cases that are not tried in public according to law to protect specific social interests, trial activities should be conducted in public and subject to the supervision of the public and society. Even if the trial is not held in public according to law, the judgment should be made public. This is the most powerful means to eliminate judicial injustice. 8. Fairness. Justice is the ultimate goal and life of litigation. The trial should be conducted in accordance with fair procedures, so as to achieve substantive justice to the maximum extent. The justice of the trial also comes from the independence and neutrality of the referee. 9. End. It means that the effective judgment of the court is of ultimate and decisive significance to the settlement of the case. Once the judgment comes into effect, in principle, neither party to the lawsuit can ask the court to try it again, nor can any other organ handle it again. All parties concerned have the obligation to carry out the judgment or not to interfere in its execution. This is determined by the nature that trial is the last mechanism to solve social disputes and disputes in a modern country ruled by law.