A Study On Security Of Judges' Rights In China

During the process of proceeding rule of law, courts shoulder the importantmission to carry out the basic strategy of rule of law, and judges act as social disputessolvers and social justice advocates. The topic of how to secure judges' rights raisesmore and more concern. In judicial practice, security of judges' rights, which isbeneficial to elevate judges' professional dignity and occupational prestige as well asto promote judges applying the law independently. Since the17thCPC NationalCongress, there have been outstanding achievements in the judicial reform of China.However, there are lack of systematic research and concrete measures for security ofjudges' rights it deserves. As a result, it is necessary to probe institution for security ofjudges' rights with Chinese characteristics in order to render access to justice and toimprove judicial efficiency as well as to invigorate the process of judicial reform ofChina. It is a systematic social project for devising and perfecting security of judges'rights system. In order to establish and perfect its own security of judges' rights system,it should focus on the reform of China's political system and the overall progress ofrule of law, and depends on the long-term support and efforts of the legislature, thejudiciary, and the whole society.This paper comprehensively studies relevant issues on the topic of security ofjudges' rights based on the above-mentioned empirical research and practical needsthrough practical research, empirical review and comparative analysis.This paper includes an introduction and other four Chapters.The introduction generally introduces the background and significance ofchoosing the topic of security of judges' rights, defines several relevant conceptionsand illustrates the difference and connection of these conceptions, such as professionalsecurity of judges, security of judges' rights, security of judges' power.Chapter I focuses on the basic theory of security of judges' rights with adefinition of judges' rights and the security of judges' rights, followed by a discussionof instinct necessity of security of judges' rights and an analysis of judicial independence and the feasibility of security of judges' rights with a focus on theoretical and judicialand other legislative basis.Chapter â…¡ discusses security of judges' rights in other countries through acomparative approach, with a particular focus on the comparative analysis of securityof judges' rights of the Common law countries and the Civil law countries. It firstillustrates institution in regard to security of judges' rights in some typical Commonlaw countries and Civil law countries, followed by a comparative study on security ofjudges' rights in international norms, the Common law countries and the Civil lawcountries, proves that the security of judges' rights systems have the same trend in allthe international norms, the Common law countries and the Civil law countries. Acomparative examination in different jurisdictions would help probe the general rulesof security of judges' rights, which could also be followed and applied by Chinaseeking to establish and perfect its own security of judges' rights system.Chapter â…¢ examines current security of judges' rights system in China. In termsof the psychological and work conditions, judges in China face psychological pressurefrom inside and outside supervision, work pressure from applying more and morecomplicated laws and increasing litigation-related letters and visits. It discusses thereasons for lack of effective security of judges' rights in China based on a detail analysisfrom the concept level, institutional level, economic level as well as technical level.Chapter â…£ analyses the perfection of security of judges' rights in China, providessuggestions for perfection of security of judges' independence, security of judges'status rights, security of judges' economic rights and security of judges' other specificrights after a review of current China's security of judges' rights system, combinedwith the experience of security of judges' rights systems in the international norms, thecommon law countries and the civil law countries.In the end, this paper concludes it is a systematic social project for devising andperfecting security of judges' rights system. In order to establish and perfect its ownsecurity of judges' rights system, it should focus on the reform of China's politicalsystem and the overall progress of rule of law, and depends on the long-term supportand efforts of the legislature, the judiciary, and the whole society.