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Study Of Chief Judge System

Posted on:2004-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:X XiangFull Text:PDF
GTID:2156360095453046Subject:Litigation
Abstract/Summary:PDF Full Text Request
In recent years the focus of judicial reform in China has developed from exploring judicial organization's operating environment to reforming its individual components and operating mode. Collegia! panel is our country's basic judicial organization form and chief judge is the important legal position in the collegial panel, therefore, to analyze and study the regulation relating with the chief judge is very necessary. Around chief judge system in China, this article introduces in five parts of the overseas chief judge system, Chinese chief judge system, Chinese chief judge system's operation and positive functions, problems existing in the current chief judge selection and appointment system, and suggestions about the system's reform and prospects.Firstly, the article introduces the chief judge system in the countries of Continental Law System, mainly describing the chief judge system in German and Japan, and introduces briefly the chief judge system in the countries of Anglo-American Law System. Based on the above introduction, summarize that the chief judge tenancy is relatively random in those countries, without feature of our country's selection and appointment procedures. Also deeply analyze the reasons for the feature's forming, trying to give an overall thorough summary on the chief judge system in the modern countries ruled of law.The second part of this article describes our country's chief judge system, mainly introducing our country's regulations on the chief judge selection and appointment system. Based on the summary of the chief judge system, summarize the system's feature and explore the nature and role function of the chief judge.The third part introduces chief judge system's operation and positive function.Prove that the chief judge selection and appointment system is functional in increasing judicial independence and authority, and improving judicial efficiency and judge's quality, based on the overall analysis of that chief judge selection and appointment system can realize judicial independence, analysis of outside judicial environment for the system operation, and objective and effect of enforcing the system.The fourth part analyzes the problems existing in our country's current chief judge selection and appointment system. Analyze and prove the problems existing in quite a few aspects including chief judge management and monitoring, etc. from chief judge selection and appointment qualification and procedures, the relationship between chief judge and the other court's members, the relationship between collegial panel organized by the chief judge and president, court president and judicial committee, especially analyzing the problems existing in the relationship between chief judge and the other main bodies, including other members of collegial panel, president, court president, judicial committee, etc.The fifth part suggests the reform and prospects of the chief judge selection and appointment system. Raise detailed opinions on the chief judge system reform on civil and criminal procedures, the first and second instance's procedures, and the general and complicated cases, and draw a conclusion of that the chief judge selection and appointment system will go to the end as our country's judge's quality is improved.The purpose for adopting chief judge selection and appointment system is to first realize judicial organization's independence. Although this system is only transitional system arrangement from court independence to judge individual independence, it is a big step toward the modern judge system of judge independence during our country's process of realizing judicial independence. As a new thing, the chief judge selection and appointment system enables us to have a better understanding of collegial panel and even judicial independence. From this aspect, the system is undoubtedly very important in the judicial reform.
Keywords/Search Tags:Chief Judge, System, Chief Judge Selection and Appointment System, Research
PDF Full Text Request
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