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Research On Judge 's Power Distribution From The Perspective Of Judicial Reform

Posted on:2017-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:D G LongFull Text:PDF
GTID:2206330503963209Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Along with China’s reform and opening up, full of the socio-economic development of our country. After the people’s Court "platform for the first five years" or "the second five-year programme", "the third five-year programme" and the ongoing trial of "the fourth five-year programme" reforms, judicial system reform in China has entered the Sham Shui Po District. As far as reform is concerned, under the perspective of China’s judicial reform, how to optimize the allocation of judges, which will be the key and core of judicial reform.To optimize the existing criminal judges of the judicial reform under the background of the configuration, you have clear rights to judges and trial management and other related relations. Essentially, judges is the core of the jurisdiction and jurisdiction embodied in the criminal trial was the trial authority, command of the trial process and judgments issued the right combination.On the current situation of China’s judicial system, judges no longer correspond to the configuration of the current judicial laws, therefore, in order to adapt to the current judicial reform and judicial law, the current configuration of the judges need agree judicial reform laws, making appropriateadjustments in terms of applicability. But in order to reach the goal of adjustments, shall be according to the current judicial reform trial run system existing problem and the difficulties of trial related to the management of, and conduct an in-depth study to find out measures to solve the problem have been further goals of optimizing the allocation of judges in China.However, starting from the trial run system, the current configuration of judges there are still some problems, its lagging seriously hindered the development of the judicial system reform in China. To resolve these issues, judicial reform, which coincide with the judicial laws, ensure that the judges can exercise his powers independently and impartially according to law, you will need to adhere to the theory of optimal allocation of judges based on the instructions of, rational allocation of judges of our country again.Has given this, paper is through in on China judge terms connotation, and features constitute elements, for analysis of based Shang, for judge terms of constitute elements that trial management right, and case trial command right and case referee end right exists of problem, and in-depth research China existing judge terms configuration of status and its theorybased and followed judicial law of based Shang, focus for judge terms of optimization configuration, proposed can for reference of optimization programme.
Keywords/Search Tags:Criminal justice management, Case command, Magistrates ’ right to end the case, Rights fact-finding, Right admissible evidence
PDF Full Text Request
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