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On The Selection System Of Judge

Posted on:2014-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2296330467987511Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The professionalization of the judges in China has endured long period of time and the key lies in the establishment of a scientific and strict selection process. The judge is the door of controlling the social life relations which transfers the law from the realm of the spirit into the reality. Repeated occurrence of corruption in the judiciary, we need to reflect on the systemic issues. Therefore, the establishment of a scientific and rational, standardized system of selection of judges will remodel of the credibility of the judicial and realize judicial justice.Judge selection system describes the judge qualifications, the selection of judges mechanism of conduct. The function of judge selection process is the abandonment of arbitrariness and vulgarization regarding occupation admittance as a judge, making the "threshold" to judges higher. With the observation of Germany and American institutions, we have to re-conceive our selection system of Judge. According to the "Three points and Two sections" Law, using the experience of other countries for reference, the author puts forwards the basic compose of perfecting the present selection system of judge in China. The special committees should be established, the qualifications and experience must be enhanced, occupational ethnics of judge need reconstruction, the examination and check system of Judge has to be changed into evaluation system, we should find judge’s specified number of personnel and introduce the exits system. By the system of professional guarantee and the system of punishment and supervision, we can select the candidates who have political integrity and ability, judge’s behavior can be regular, and realize the judicial fair. Hoping that by the reforms, the number of unqualified judges will be compressed in a limited small range and promote the professionalization of judge,making the judicial justice to be the legal justice.
Keywords/Search Tags:the selection system of judge, judicial capacity, judicial virtue, threepoints and two sections law
PDF Full Text Request
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