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On Jurge Selection System Of Our Country

Posted on:2014-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:H L ChengFull Text:PDF
GTID:2256330401975782Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The judge selection system is an important part to realize the professionalization of judges. Firstly, thejudge selection system theory were summarized in this essay, secondly the foreign judge selection systemswere investigated and compared, and then analyzes the problem of the judge selection system in ourcountry and analyzes the reasons, finally, in view of the problem of the judge selection system in ourcountry, puts forward the target, path selection and specific measures of perfecting the judge selectionsystem.This essay consists of four parts and conclusion, It is about thirty thousand words.Part one outlines the judge selection system, firstly defines the meaning of the judge selection systemand points out that the characteristics of the judge selection system, the judge selection behavior hasnationality and authority, the judge selection qualifications have certainty and strictness, the judge selectionprocess is democratic and scientific, the judge selection have the openness and social activities; Thenanalyses the composition of the judge selection system, including the judge qualifications and selectionmechanism; Finally, summarizes the function of the judge selection system, In all,it has the positivesignificance to the improvement of quality of the judge, the judge professionalization, the formation of thegroup, the realization of judicial justice and judicial authorityPart two is mainly on the investigation to the judge selection system abroad and compare, firstly,introduces the characteristics of the judge selection system in the common law countries, mainly in theUnited States and Britain, for example; Secondly introduces characteristic of the judge selection system inthe mainland legal system country, mainly in Germany and France, for example; Contraposes to the finalstate judge selection system comparison, summarizes their similarities and differences and analyzes thereasons,for the model to construct the judge selection system in China in next test.Part three mainly analyzes the main problems of the judge selection system, mainly including: judgesqualification requirements is low, the judges selected system is unreasonable, promotion mechanism stepby step and guarantee mechanism is incomplete, the judge selection process is not perfect, there are manyreasons for low quality of the judge in our country, but they all have close relationship with the perfectjudge selection system; And then discusses the reasons of the existence of problems, both historical reasons,and the political system, social reality, etc. Part four put forwards the perfect judge selection system of our country. Firstly,it is clear about thegoal and the path choice of perfecting our country’s judge selection system, the judge selection systemreform of the short-term goal is to improve the quality of the judges, the long-term goal is to judgeprofessionalism construction, and to promote judicial justice. The judge selection system reform is notachieved overnight, radical reform in our country doesn’t work, it must take a top-down way of gradualreform. Then the judge selection system of the basic system of classified management system, in which thecourt system and the specific number of judges are analyzed, and on this basis, the specific reformmeasures are put forward, mainly including raising the judge qualifications, improving the subject level ofjudge appointed and selected, seting up specialized institutions and gradually establishing the multi-channelselection system, gradually improving the treatment of judge, long judge tenure, etc.Conclusion is a summary of full text, the construction of the judge selection system in China can notcopy western models, nor attempt to draw the outline of the framework of modern country under the rule oflaw the judge selection system after "pump", points out that the construction of the judge selection systemin our country, should be based on China’s current political and social reality, and should follow theinherent law of modern judicial system.
Keywords/Search Tags:judge, selection, system
PDF Full Text Request
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