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The Analysis Of Gain And Loss About The Reformation Of Judge Professionalization

Posted on:2007-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:D M CaoFull Text:PDF
GTID:2166360218450653Subject:Law
Abstract/Summary:PDF Full Text Request
According to the request of the reformation mode of judge professionalism, the new trial pattern is composed by judge, judge assistant and the clerk. Judge is selected through the procedure, and the one who has the title of a technical post above the assistant adjudicator before does not certainly have the status of judge. The reformation popularized the idea of judge professionalization and the idea that judge is elite, but the reformation has also brought a series of questions. Referring to the reformation of judge professionalization of the grass-roots court, conjoining the correlation background, the article comments the confinement factor of the reformation of judge professionalization. The author thinks that China has herself cultural tradition after all, and our national condition is too complex. In the economical developed area, judge professionalization has its existence value and possible, but in Chinese general country as well as the grass-roots court of developed area, there is not space for it for a while. At the aspect of theory, there is the choke point that the jurisdiction is not independence; at the aspect of practice, the judge assistant system is also a choke point. On the way of choice, the reformation needs the careful theory preparation, needs the judicial reform committee which the highest national organ of state power authorizes to take the lead, and the reformation needs the suitable system to follow up. The reformation needs the whole, the historical insight. For the conservative passivity function of the court, it should not be the pioneer of the reformation.
Keywords/Search Tags:judge professionalization, eformation, judge assistant
PDF Full Text Request
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