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On The Construction Of Judges' Selection System In China

Posted on:2011-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z B LiFull Text:PDF
GTID:2166330332979559Subject:Law
Abstract/Summary:PDF Full Text Request
Justice of judicature demands a contingent of high-quality judges. Reform and improvement on the Judges'Selection System is an important part of the personnel system reform, as well as an important guarantee to build high quality, professional judges. Judges'Selection System is the criteria to stipulate judges qualifications, and selection mechanism of judges, including the selection of qualified judges and the selection procedure of judges.Whether the design of Judge selection system is scientific and reasonable and whether the specification is running smoothly directly affects the quality of judges, and affects the correct exercise of national judicial power and the realization of social justice. Through the establishment of a scientific and rational system of judicial selection, strict judges'occupational access,and standardized procedures for judicial selection, we can effectively ensure outstanding legal talents with solid legal knowledge and rich practical experience to come to the fore, which is conducive to building a high quality, reasonable structure, innovative capacity of high-level team of professional judges.At present, many problems still exist in China's judicial selection system,which needs further improvement and refinement. In the aspect of selection eligibility of judges, the demand of newly appointed judges of legal expertise is still too low, the requirement of judge's professional experience is too low, the judge's age creteria is not reasonable and some of the examination system of justice needs perfection. In judicial selection procedures, the administrative tendency and localization of judicial selection methods tend to be much more serious, the judges' selection lacks professional board examination, the judges'step- by- step selection system is not perfect, imperfect system of preparatory training of judges still exists and so on. From the perspective of historical development, the development of China's judicial selection system has made significant progress, but the existence of these problems is directly related to the improvement of the overall quality of the court, and even affect the realization of justice.Morality, knowledge and experience are important components of the quality of judges, also an important guarantee for justice realization. Modern judges should have comprehensive knowledge, rich social experience and judicial experience, excellent professional ability and good judicial career professional ethics. In the process of the reforming of the selection system of judges, great attention should be paid to the relationship between handling and implementation of the "Civil Law", adhering to the principles of the Party's supervision of cadres and the implementation of bringing younger cadres to the leading posts. The characteristics of professional judges shall be fully embodied in the reforming of Judges'Selection System with the implementaion of national laws and regulations of the Party, which is in line with modern law and justice rules and in the direction of solialist legal construction.Judges'selection reform, with the background of promoting judicial reform, in accordance with the requirements of professional judges, should enchance the entry barrier of judges, standardize procedures for the selection of judges and broaden the sources of the judges, and improve related measures, constantly enrich and develop the form and content of Judge Selection System, in order to gradually establish a scientific mechanism for selection of judges.In short, the judges'selection system reform and improvement is a long and arduous task, involving the adjustment and integration of the interests of all aspects. The selection system shall focus on the Trial work to make sure the selection system for judges and other court system reform be organically coherent and mutually promoted. The general rules of professional judges shall be followed to fully learn and absorb the beneficial experience of Western countries. By adhering to Chinese characteristics and with combination of the current Chinese situation in politics, economy, culture and legal construction, judicial selection system of judges shall be gradually built up in accordance with the internal laws of vocational judges'building requirements and in line with China's national conditions and needs of the national people.
Keywords/Search Tags:Judge Professionalism, Judges' Selection System, Judicial Justic
PDF Full Text Request
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