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Judge Improve The Mechanism Of Accountability

Posted on:2014-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q HuFull Text:PDF
GTID:2266330428462284Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In modern society,where there are people,there is law,where there is law,there is judge.People pay explicit attention to judge.The judge also should be controlled as other civil servants.It’s true that the judge responsibility system can ensure the judicial justice.But we don’t have the rounded system of judge disciplinary procedure at present.This article gives the definition of the system of accountability and its character,analyzes the current situation of our system,compares the relevant legal system outsides on purpose,summarizes the successful experience in relevant field and gives some amendments.This article consists of four parts.The first part has been clear the relevant concepts about the judge responsibility system.Some about the subject scope,the behaviors should be punished,especially the out-job behaviors.And this part also definite that the responsibility of the judge is the statutory duty. And based on the judges’ professional features,the responsibility of the judge has the character of objective,procedural and has different punishments between criminal acts.The second part describes the current situation of our judge responsibility system including evaluation standard,penalties,performer and procedure.And points out that our system is lake of complete structure and could not arrive the target of judicial justice.In particular,our system has no single authority,no rational reasons,no transparent procedures and no reasonable penalties.Our judge disciplinary system is lack of complete embodiments and the law level is not high enough.The third part compares the relevant legal system outsides on purpose for making up a lack of our own and summarizes the successful experience in relevant field.We can know which behaviors should be investigated for,who has penalty power,what kind of program is fair and what kind of punitive measures can be accepted by both the judge and common people.The last part bases on the current development level of the rule of law in our country,mirrors the useful practice and give specific advice to our system.Our goal is to establish an independent responsibility main body,include all the behaviors that should be punished,especially the private behaviors,normative procedure and rational punishments.This article is to call on much attention to the judge responsibility system.establish a system whose structure is completed,whose internal regulations is coordinate with each other and whose functions can be fully used to achieve the goal of establishing a clean team.
Keywords/Search Tags:the responsibility of the judge, misconduct, the judgepunishment, system of accountability, disciplinary
PDF Full Text Request
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