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Judicial Professionalism: The Practice In The Court Of Fuan

Posted on:2009-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:T GuoFull Text:PDF
GTID:2166360275497502Subject:Law
Abstract/Summary:PDF Full Text Request
This essay presents the foundations, possibilities and measures of judicial professionalization in primary courts through the empirical research of the reform samples of primary court professionalization. The reform of the primary courts studied in this essay, which includes the judges' post duty, trial organization, division system, trial management system and judges' salary. Judging from the practice in primary levels, there is little feasibility in reducing the present judges, since there is conflict between the setting of chief justices and the graded system of judges. The reform constructs a trial system with the chief justice as the center, which mainly includes the present presiding judge and the deputy presiding judge, so as to achieve the combination of the graded system of judges and the system of chief judges. The combination of trial systems and inner-court duties realizes the legalization of the trial management in organizational levels. The reform of division system makes the duty of judges equal and judges play their original role, improving their professional ability and the natural division of judges. Their responsibility is based on the divisional management of court staff, gradually increasing the number of annual suit settlement with the division of lawsuits. Facts show that there has been possibility of reducing the number of judges in primary courts.The improvement of judges' quality is only the literal meaning of justice professionalization, which, as a systematic project, requires the assurance of judges' independence and salary. In this way can be realized the transformation of court organizational structure and the construction of independently operating trial system. The focus of the reform of primary courts is the adjustment of court system in justice, which includes the reform in three aspects, namely the trial system, trial independence and judges' identity and salary.
Keywords/Search Tags:justice professionalization, court reform, practice in primary levels
PDF Full Text Request
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