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Study Of Chinese Judicial Selection Mechanism

Posted on:2006-09-19Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2166360155963680Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Reform of judicial selection is the hot study issue in the contemporary China. Many papers and books about standard of judicial selection have been published. All these articles took in the significance of judge's specialty diathesis, mentioned the appointment process as well. But most study of judicial selection was about criterion analysis and macroscopical assumer of reform goal, lack of practical survey and meticulous review. In fact, the real visage and demerit of judicial selection system can't be posted until we carry through the practical research and contact with bureau in charge of judicial selection.I select a very common and typical district court in the west China as my investigation object. In this investigation, I apply various methods including observation, interview and data collection and so on. Based on materials from investigation, the article analyses the mechanism of judicial selection. This research includes two aspects. One is static aspect, to show the necessary qualification of judge including education and experience. In this part, the article also compares the qualification difference of different level judges. The other is dynamic aspect, to set out the process through which a qualified candidate becomes a judge, which includes how to become an assistant judge, a judge, a presiding judge and the chief justice. Briefly speaking, the article reflects the judicial selection mechanism from a microcosmic angle through describing and analysing a great deal of material from practical investigation. What's more, the article also points out the disadvantage of judicial selection system and the social aftereffect made by it. Based on the frontal analysis, thearticle discusses the reform of judicial selection.
Keywords/Search Tags:judicial selection, practical survey, qualification of the judge, process of judicial selection
PDF Full Text Request
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