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The Judge Professional Inquiry Into The Construction

Posted on:2005-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2206360152466387Subject:Law
Abstract/Summary:PDF Full Text Request
Just like any other vocations, judicial vocation is original from social progress. With society developing, works divisions become more and more .country's friction to rule society is carried out by even more different government agencies. Then work group appeared. When increasingly social complicate dispute could not be resolved by nature ways, people put them forward to rational person, then judicial vocation came into being.Judge professionalized means that judge should have neutral position, independent personality and sense of positively pursuiting justice.It 's necessary to professionalize judges in our country. Legal system construction has achieved substantial development. But there is still a long distance from present condition to ideal judge's professionalization. At present, the great strategy to construct a socialist country of ruling by law has been launched. With legal developing continuously and setting up modern judical notions including judicatory independence, neutral, justness etc. It become a disavoid trend to professionalize judges.In fact, in our country there is social trouble to professionalize judges. For example, tradition to rule of no-law rooted deeply in the people's mind has the great efection on judicial system, which is a certainly bar to judge's professionalization.In our country, for a long time, judge has been requested to consider social reflection and legal effect in the course of trial which made them in dilemma: how to deal with the relationship between the market economy and jurisdiction justice? Market economy promotes the development of legal system, but at the same time how do judges preserve the personality of being poor in the pursuiting profits market economy times? In our country the fact that different areas can not develop at the same step decides the judge's professionalization can not put into practice completely. The solution to these problem depends on our continuously research.Because there is no judicial vocation for thousands years in our country, rule of no-law tradition rooted deeply in people's mind, the first thing for judge'sprofessionalization is to convert old notions to modern judicial notions. Justice independent and neutral notion is the charcter of modern juridiction. These notions have guidline function to professionize judges. Unless setting up firmly modern judicial notions, judges troop, which can match our country legal development, could not come in to being. Judge's professionalization must regard modern judicial notions as principle.In order to push forward judge's professionization, we should improve judge's quality, at the other hand, we also should set up a series of relative system. By analizing our country judges present condition, including judicial ethic, special quality, judge selection, performance appraisal, judge exchange, judge's training, judge's punishing and vocational guarantee etc, and throgh comparative research to foreign general judge system, we can know in the process of judge professionalization what we should pay attention to and what lessons we should draw from, and what we should design to promote judge's professionalization.
Keywords/Search Tags:judicial vacation, judicial notions, design
PDF Full Text Request
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