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Study On The Responsibility System Of Pretrial Judge Under The Background Of Judicial Refrom

Posted on:2019-12-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:J M WuFull Text:PDF
GTID:1366330563956617Subject:Science of Law
Abstract/Summary:PDF Full Text Request
According to The Decision on Major Issues Concerning Comprehensively Deepening Reforms passed in Third Plenary session of the 18th Central Committee,responsibility system of presiding judge is clearly appointed to be the major part of the new round juridical reform.Since then,responsibility system of presiding judge has been a system guarantee to let adjudicators judge,and let judges take responsibility which is gradually implementing in juridical practices and has gained positive fruits.However,we can find,in the same time,that the system has differences in implementing in different places,and the academic circle has various views upon it.Therefore,we are supposed to have a deeper study on responsibility system of presiding judges combined with juridical practices,in order to support the reform of the system theoretically and practically.On the basis of former researches,this paper analyses and concludes the content of responsibility system of presiding judge combined with juridical practices through comparative analysis.Presiding judge is thought to be appointed elite judge through legal process,who possess the right of independent jurisdiction and be responsible to cases.From the point of contemporary situation of jurisdiction,responsibility system presiding judge can tackle with problems in terms of the separation of interrogation and judge and the judiciary administration-rization.In order to truly carry out the system,we should further perfect mechanism of responsibility investigation and liability exemption of presiding judge,strengthen the function as collegiate panel trial,so as to balance different systems.Besides,we should establish full job security system serve as a guarantee system for the improvement of responsibility system of presiding judge.
Keywords/Search Tags:presiding judges, integration of power and responsibility, integration of trial and judgement, immunity
PDF Full Text Request
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