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The Judge Professional

Posted on:2005-03-19Degree:DoctorType:Dissertation
Country:ChinaCandidate:R X QiFull Text:PDF
GTID:1116360122481864Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
It is a perpetual subject of People's Court to achieve the judicial fairness and efficiency, and the executive of this subject is the numerous Judges. However, Judge faces various internal and external problems under the current system framework. Upon this circumstances, it is more necessary to advance the professionalization of the Judge Team, which will be a completely reorganize of the traditional, modern law governance conception, system of Judge and any other related resources.Chapter I. Introduction. This Section states the Relationship between proceeding of civil law and professionalization of Judge Team, and asserts that the essential resolvent to realize the justice and equity of civil procedural law, is the main subjects of civil procedural law—Establishment of the Judge Team. Nowadays, our country has the opportunities of advancing the professinalization of Judge Team. Hold that the political background in general view, the practice foundation in specific view, the legislative framework and the theoretical support are entirely available. The essential characteristic of professinaliztion of Judge Team should be small in quantity and high in quality, and should include rights, responsibilities, control and guarantee. However, the realization of professinalization of Judge Team should be based on the situation of our Country, should not against the fact and the particular stage where we now live, especially should not adopt the so-called "Independent Judge" departing from Party and Politic in Western World.Chapter II. Professional Selectness and Appointment of Judge. Hold that the perfect system of Professional Selectness and Appointment of Judge should be the condition of professionalization and homogeneitilize of Judge Team. And extend the analysis from two separate perspective: Qualification of Selectness and Appointment and Procedure of Selectness and Appointment, accordingly, shoot the main issue existing in current legislation in our nation, that is neglect the experience of Judge. Consequently, point out the four material condition for the Selectness and Appointment, say: Sense, Experience, Knowledge and Ethic.Chapter III. Professional Skill of Judge. Indicate the everlasting training is the main source of realizing the Professionalization. Discuss the urgency of the strengthen the Professional Training, as well as the history and general practice in Professional training both in nation and abroad. Chapter IV. Professional Consciousness of Judge. According to the reality of our nation, set forth the three basic Consciousness, i.e. Honesty, Fairness and Efficiency, Independence. The Judicial unfairness and corruption existing in Court currently are related to the lack of the Professional Consciousness to some extent. Once the professionaliztion of Judge rise to a higher level, which will not be a compelling system, but a community of same Consciousness, an established usage without explaination. Chapter V. Professional Ethic of Judge and Professional Discipline of Judge. The professional Judge will be bind mainly by the Ethic in mind. Therefore, it is also need to be emphasized on building the Professional Ethic. This section addressed the significance of the Professional Ethic of Judge, and the Content of the Professional Ethic of Judge, while, focus on the conscience, sensibility and diligency, draw a conclusion on discussing establishment of Professional Ethic of Judge and how to improve such. Finally, indicated focus on both Professional Supervision of Judge and Professional Discipline of Judge. Only by this way can we achieve probity and justice. Chapter VI. Professional Guarantee of Judge. This section focus on the fundamental approach to study the material Guarantee of Judge and Position Guarantee. Investigate the system and practice on Professional Guarantee of Judge differently in particular country under two main legal system. Upon which forecast the future prospect of the national system for Professional Guarantee of Judge, provi...
Keywords/Search Tags:Judge, Professional Judge, Professionalization of Judge
PDF Full Text Request
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