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A Study On Strengthen The Legal Supervision Of Judicial Staff Malfeasance

Posted on:2015-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:H C XuFull Text:PDF
GTID:2296330452956363Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Litigation violations and malfeasance crime judicial staff, limiting the realization ofthe value of respecting and safeguarding human rights objectives, seriously underminingthe judicial authority, undermined the image of the party and the country. Strengtheningthe judicial staff misconduct legal supervision, and earnestly solve the masses of peopleprominent miscarriage of justice and judicial corruption, curb the abuse of the judicialstaff investigation, prosecution, trial, regulatory powers, are theorists and practitioners ofcommon concern. Currently, litigation strengthen supervision of the prosecution theorywritings very much, especially with regard to the relationship between the nature ofprosecutorial power, and legal supervision of prosecutorial power, scope and legaloversight procedures, principles and legal supervision mechanism has formed a completesystem. However, as the core of that litigation supervision of judicial supervision of staffmisconduct legal issue but did not attract enough attention, the lack of a comprehensiveand systematic, but also ignore the purpose and means, the relationship between thecarrier. The current judicial officers investigate the existence of dereliction of duty cluesfound difficult, difficult investigation and evidence collection, qualitative treatmentdifficult, violations of judicial proceedings staff supervision and oversight existsineffective, unfocused, uneven development practical methods of supervision, this paperseeks to strengthen the legal basis of in-depth analysis of the legal supervision of thejudicial staff misconduct, perfecting the legal system, to optimize the terms of referenceconfigurations, improve supervision, improve the operational mechanism start on fouraspects, positive thinking and exploration of judicial misconduct to strengthen the legalstaff Supervision of specific countermeasures and suggestions.The first part of the judicial staff misconduct and classification concepts explored inadvance of the judicial system, as well as promoting the procuratorial reform andimprovement of the legal system to modify aspects of judicial misconduct by staff tostrengthen legal supervision of Evolution and Evolution of the law, specifically in Underthe reform of the judicial system and prosecutorial staff to lead the judicial misconduct main directions and goals to strengthen legal supervision.The second part is a comprehensive study and analysis of the prosecution ofmisconduct by judicial officers to strengthen the status of legal supervision. The stafffocuses on investigating judicial malfeasance crime and judicial redress the main crux ofthe problem and the illegal workers faced litigation, thereby enhancing the judicial staffmisconduct strengthen legal supervision of the necessity and urgency of understanding.The third part focuses on strengthening the legal basis for the legal supervision ofthe judicial staff misconduct. Strengthening the judicial staff misconduct legalsupervision is an important path to achieve power control is to achieve respect andprotect the fundamental principles of human rights litigation specific content; helpexpand litigation supervision, strengthening oversight functions litigation, securitieslitigation supervision of a rationality; while the rational allocation of judicial misconductstaff supervisory powers, is timely access to oversee information necessary prerequisitefor enhancing the effectiveness of supervision.The fourth part of the judicial staff proposed to strengthen legal supervision systemmalfeasance perfect proposal. Through a clear judicial staff misconduct strengthen legalsupervision status, improve the supervision of the program, the effect of promotingimprove the legal system; through appropriate separation of functions and oversightfunctions of litigation and promote the optimal allocation of power; through judicial staffto distinguish between different types of malfeasance boundary behavior, follow thelitigation supervision law, litigation and constantly improve the means and methods ofsupervision; litigation supervision by establishing incentives, integration of procuratorialwork mechanism, external supervision and coordination mechanism to achieve scientificand reasonable power to run.
Keywords/Search Tags:Judicial officer, Misconduct legal, Supervision, System to improve
PDF Full Text Request
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