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Research On The Judge Selection System Of China

Posted on:2016-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:X Y FengFull Text:PDF
GTID:2296330467994811Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As a judge ruling body, a good judge means "quiet water" is the guarantee of afair judgment. Although in recent years, China has been advocating andimplementing judicial reform, also made some encouraging results, but there areplenty of judicial corruption, make our country’s judicial reform is facing seriouschallenges. In our legal system increasingly improve and perfect today, the lowquality of some judges, especially judicial corruption,judicial injustice caused bypoor quality of professional ethics, seriously hindered the judicial reform in ourcountry,and hindered the construction of our country under the rule of lawsociety.Therefore, in this context,study the judge selection system in our country,find out the crux of the problem becomes crucial.From the current judge selection system of our country, due to the internal andexternal relationships between the court of the security administration, such as theselection of newly judges to pass the civil service exam, the judge’s selection step bystep to assess the assessment organization, the judge’s wage above the correspondingthe level of the civil servants salary standard, judges and civil servants in other unitscan be mobilized each other and so on, increased the role of judge securityadministration.The problem has been closely related to the concept ‘Party cadres’that our country has always pursued. But now, China needs to build the "professional judge"rule of law, which requires the selection of judge should beperforming the "judicial career selection" concept-oriented, continue to pursue the"Party cadres’ appointment can severely hinder the realization of judicial justice. Forsolving this problem, we need a deeper dig up from the concept of today’s China issubject to the "Party cadres" principle,the purpose that establish a parallel system ofpublic and civil servants of open nomination and selection process.Paper is divided into introduction, body and conclusion; the body consists ofthree chapters.First part of the paper explains the background of selected topic, modern civilization implication of Judge Selection System,the selection system existingproblems and the reasons for the various problems are analyzed, and puts forwardwhy the existing reasons can not sufficient to explain our country not developscientific judge selection system. For solving this problem, must be directed at theproblem spearhead-the bureaucratic administration of justice system.The second chapter is the judge of the People’s Republic of China under theinfluence of the bureaucratic administrative of justice system.First,clarify the judgeselection system of the People’s Republic of China under the influence of thedifferent levels of development,and as a basis,the argument concludes that Chinesecourt management whether before the reform and opening up,and after the reformand opening up,has the typical characteristics of different levels.The third chapter is mainly analysis the judge selection concept under theinfluence of the bureaucratic administrative of justice system in China. analysis theconflict and harmony between the "Party cadres" concept and the " professionaljudge"concept, from the characteristic of the judicial reform theory to explore ourcountry to build the professional judge that is not affected by the political reason.The forth chapter in the perspective of a new round of judicial reform,aiming atthe existing problems of the judge selection system in our country,analysis of thenew round of judicial reform measures,and the typical reform measures about thejudge selection system,trying to seek the possible way of the judge selection systemin China.
Keywords/Search Tags:Judge Selection, Selection Concept, Bureaucratic Administration, Party Cadres
PDF Full Text Request
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