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The Necessity And Measurements In Establishment Of Independence Of Judicial System

Posted on:2004-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:R J PuFull Text:PDF
GTID:2156360092499979Subject:Constitution and Administrative Law
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The problem of Independence of Judge has been one of the hottest issue in theory and practice in recent years. In order to develop our judicial reform and judicial application, establish a new situation for WTO, and accord with judicial Independent System, the thesis aims at analyzing the problems and malpractise of our Independent system , it argues that it's necessary to establish the judicial Independent System and some measurements to form the system. By several introduction to judicial independent system in some foreign countries and international affairs, some advices and suggestions are put forward. This article is divided into four parts.The first part is to discuss the principles and implications of judicial independence It was born in the rights independence in ancient Greek, it stems from three rights dependence and separate from the process of judicial independence. This part shows that it is because the core of rights restriction is judicial independence, while its final doer is a independent judge that many countries make it a independent system.The second part is to introduce the history and present system in our country. It reviews in Qing Dynasty, in order to save the corruption , the government had to make law reform, it imitated the western law rules and method to independent its judicial system. Same things happened in Nanjing temporary government and CPPRC, the emphasis lies in the goings-on , it regulates the duty, rights,obligation of judge, the training, punishments, wages, retiring,eximination of judges.The third part is to discuss the necessity of judicial independence system. The author first introduces the process of establishment of present system, it analyzes the existing problem in judicial process. It concludes: all the problems are associated with the reason that we didn't establish the judicial independence system, we didn't provide the judges with the opportunities to do their job independently. Therefore, in order to accord with the new situation after the entrance to WTO, realize fairness and efficiency, fasten the reform of judice, we should establish the ilndependence of Judicial System.The fourth part is to argue some steps to establish it. It first analyze some difficulties to do it, we may turn to for help of other countries, combining with our own reality. For example, to insure the statue of judge from law. At last, we should solve several problem before the establishment.
Keywords/Search Tags:Independence of Judicial System, Independence of Judge, Measures
PDF Full Text Request
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