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Court's Personnel Management In Social Transition

Posted on:2009-06-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:J H AiFull Text:PDF
GTID:1116360242491045Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
Chinese judiciary study must face two basic facts that every judge has bounded rationality and every organization faces ex ante asymmetric information and ex post asymmetric information. Thus, it is a very important problem that how to select or design some effective institutions in modern society to lower the level of asymmetric information and how to favor the achievement of our judiciary targets, such as judicial fairness and judicial efficiency. We must study a good many formal and informal institutions'restriction that Chinese judges have to face and pay attention to Chinese judges'real selection by an view of behaviorism, and try to interpret some institution's predicament facing Chinese judiciary.According to a large number judge's data and statistical data, applying relavant theory and logic of the economics of information,game theory,the theory of organization and Management, this thesis try to accurately describe actual form of Chinese judge and Chinese court,and discover China's special phenomenon - personnel management mode of popularization and administration- and strive to explain it. Apart from"introduction"and"epilogue", this thesis includes six chapters. The first chapter and the second chapter respectively studies a formal system, namely the institution of performance measurement and an informal system, namely the institution of administrative transference within every court. The third chapter sums up two features of personnel management mode that includes five institutions that connects each other (including the institution of judge selecting, judge's salary, judge training, performance measurement and administrative transference) in Chinese court system. The four chapter, the five chapter and the six chapter respectively demonstrates the existing personnel management mode leading to three unfavorable consequences, that is the judge to maximize official position and income (a direct consequence), the decline of civil litigation rate(an indirect consequence) and the failure of modern adjective law. Lastly, the section of"epilogue"explores how to improve Chinese court's personnel management institution in the background of social transition. Firstly, we must change the localization of judge's salary. Secondly, we need establish a strict institution of judge selecting and professional promotion within Chinese court system. Thirdly, the ruling party of China should cancel the institution of administrative transference and change its conventional judicial logos.
Keywords/Search Tags:court's personnel management, social transition, discretion, asymmetric information
PDF Full Text Request
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