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A Study On Chinese Judge's Check And Evaluation Institution

Posted on:2011-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:X X WangFull Text:PDF
GTID:2166360332456906Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The system of Chinese Judge Performance Review is rarely discussed in jurisprudence circle. But in fact this is an important subject which relates to how to improve the judicial system reform. This article analyzes the means of Judge Performance Review in the two-level-courts in Shenzhen and tries to give some suggestions with respect to improving and perfecting the Performance Review system.This article is divided into four parts. Part 1 gives a summary about the Judge Performance Review. It argues that the Judge Performance Review is the method to evaluate a judge's scholarship in jurisprudence and skill in judgment. The results of the review will determine whether a judge is competent. The review of judge's performance has two aspects: the inner review and the outside review. This review system is not only the mechanism to restrain judges, but also the means to inspire them. The Performance Review is necessary because it is the request of the law on the one hand, and it is decided by the characteristic of the career on the other hand.Part 2 is mainly about the Judge Performance Appraisal System. It includes the principles of appraisal, contents of the appraisal, procedure of the appraisal and the approach and authority of it, based on the operation of the two tiers of Shenzhen Courts. According to Article 22 of Judge Law, the appraisal process should bejust and objective, and it consists of annual and monthly appraisal, which ought to be the combination of the leader's accessment and the popularity among folks. According to the Judge Law, Shenzhen Courts comply with the principles mentioned above to strenthen the supervision and management of judges and to create a good Drive mechanism. There is no regulations regarding to the authorities which is in charge of appraisal,therefore the authorites could be different. The appraisal methods includes the combination a departments accessment and individual appraisal, the integration of quality and quantity. The appraisal procedure, by Shenzhen Courts, is charged by assigned function department. Professional responsibility and professional skill are the standards of appraisal content. Professional responsibility includes justice, efficiency, honest. Professional Skill is the significant part of the Appraisal, as it is the principal requirement for being a Judge. The professional skill comprises the ability of applying law, the dispute mediation skill, the writing skill, and the working efficiency. The appraisal methods recommending in this paper includes the ability of running the trial, of case accessing, of writing a verdict, and of judicial research.Part 3 argues that there are some problems in the Judge Performance Review system. All the problems can be categorized into two aspects: the problems of the regulation itself and the problems in the process. When it concerns to the problems of the regulations, it means that the regulations of the Performance Review is too ambiguous to use. There is no regulation about the subject, the scope of the Performance Review is too broad, and how to use the results of the Performance Review to evaluate a judge's work is not clear. On the other hand, the method of the Performance Review is not sensible. One tendency is regarding the Judge Performance Review as a normal administrative assessment, which ignored the most important judgment function of the court. The other tendency is to use the quantitative method to evaluate a judge's work. It also ignored the law of judgment. A judge's ability is not only determined by the quantity of the cases he has judged in a period or some other numbers now regarded important. Using this insensible quantified standard may hurt judge's energy and the independency of judgment.Part 4 makes some suggestions to perfect the system of Judge Performing Review. The author holds that a clearer and more specific act should be established for the Judge Performing Review. The results of the Performing Review should be used to determine the selection of a judge. Besides, the characteristic of this career should be combined with the methods and objects of the review, in this way the coincident standard may be more sensible to evaluate a judge's ability.At last, the author suggests that other countries'experienced may be absorbed by us to establish a more sensible system of Judge Performance Review.
Keywords/Search Tags:Judge's Check and Evaluation, contents of Judge's Check and Evaluation, procedure of Judge's Check and Evaluation
PDF Full Text Request
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