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The Amount And Proportion Of Judge Research

Posted on:2016-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y J YuFull Text:PDF
GTID:2296330479485444Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The judge professionalization has been the direction of the contemporary Chinese judicial reform in recent years and one of the important goals, and to build a professional level of judicial organization for the purpose of related systems, not only is the important content to realize the judge professionalization, but also has a deeper t value of promoting judicial independence and judicial justice. Especially the amount and proportion of judge system, as the prerequisite and important basis of judge professionalism, it carries with the hope of the promoting China’s legal team towards specialization, standardization and professional direction of the present Chinese society, under the rule of law construction is of great significance. This paper by reviewing the relevant system to promote China’s the amount and proportion of judge system as a reference, the second by analyzing the current situation of the social status to analysis the amount and proportion of judge system in China is there the necessity and feasibility of running, again to judge the specific work and the problems of trial court for the system, finally, in order to solve the problem as the center, actively to find a solution.Foreign related system mainly examines the representatives of the Anglo-American law system countries, including Britain and the United States and of the representative countries of continental law system, including Germany and Japan, the judge selection system, the proportion of the judge, and the judge assistant system, comparative analysis of the existing features. In the now pilot implementation, the amount and proportion of judge system has specific problems mainly including whether the setting of judge number and the selected standard is scientific and specific, whether the responsibility system for the enterprise is in line with the judicial law problems, whether setting up the professional security system is in line with the professional characteristics of the problem and whether the judge categories system is complete with the judicial reform supporting system. The amount and proportion of judge system reform can’t deviate from the core of normalization, specialization and professionalism, in brief, its goal is to keep a superior judge in the judge category, when choosing the judge, not simply to talk about the theory of generation, but to judge according to the corresponding legal literacy, business level and professional ethics for selection, by competing to achieve "almighty came under", to establish the judge professional sense of honor and dignity, and makes the judge team realize standardization, specialization and professional. Determine the core of amount and proportion of judge system, the next reform path will go around this core, and the specific ways to strictly judges selected during the transition period the judge standard procedure, after the transition period selection process, the judge team management gradually to security administration and court staff classification management is in place. The amount and proportion of judge system must seek a balance between ideal and reality, at the same time considerate the unique of China social politics, economy, culture and legal tradition, then timely find the problems deviating from the core of reform and to correct, so as to realize the intrinsic regularity as the goal, building the scientific amount and proportion of judge system which accords with the situation of our country local number system.
Keywords/Search Tags:The amount and proportion of judge, Professionalization, The judge selection
PDF Full Text Request
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