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Study The Building Of The Legal Protection Mechanism Of Judge Fulfill Their Duties Under The Background Of Judicial Reform

Posted on:2017-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:T QinFull Text:PDF
GTID:2296330482993725Subject:Law
Abstract/Summary:PDF Full Text Request
At this stage, a new round of judicial reform is in full swing across the country. Important goal of judicial reform is to ensure that judicial power according to law, independent and impartial exercise of the powers will eventually be exercised by the judiciary "Personal." The party’s eighteen Fourth Plenary Session adopted the "CPC Central Committee on Promoting the rule of law a number of major issues" decision to establish a sound mechanism to protect the judiciary to perform its statutory duties. Court as the final line of defense of social justice, the judge is the guardian of this line of defense. The judge is an important part of the judiciary, but also a vital part of the establishment of high-quality team of judges, corresponding system must keep up, which is the most direct sense of the judge in the protection mechanisms to fulfill their statutory duties. This article will explain the current status of our judges to fulfill the statutory duties of protection mechanisms to proceed, respect for the statutory duty of the judge to be protected, to explore how to establish a sound mechanism for protection of judges perform their statutory duties.The first part illustrates the general theory of the judges perform their statutory duties protection mechanisms. Including its meaning, elements and outside of some of the relevant practices. Judges perform their statutory duties of protection mechanisms include safeguards to protect the identity of the judges, the judges personal safety, economic security of judges, judges of judicial immunity, the judge re-education guarantee.The second part analyzes the status quo of judges perform their statutory duties protection mechanisms. There are a lack of judges’ professional status of legal protection, physical security of judges repeatedly threatened, the law is not perfect, the lack of professional treatment commensurate with their status of judges, we are not yet clear that the existing law judge enjoys judicial immunity, then our education system does not judge perfect.The third part of the status quo of the judges perform their statutory duties to protect the mechanism put forward relevant measures. Judges in establishing the identity of the safeguards system of measures to implement life-long tenure of judges, judges elected perfect way under a new round of judicial reform background, the implementation of Judges system, below the provincial district court to establish a unified human, financial management system;Establishing judge the safety of the safeguards system of measures to create a full-time judge security team, to explore the judge security risk warning mechanism, the establishment of the judges security emergency handling mechanism, strengthen judges safety education and training mechanisms; measures establishing judge economic security regime of judges have to establish and improve the wage system, the establishment of the judge delayed retirement system; the measure of judicial immunity safeguards are established to perform their duties of judges from the judicial immunity legislation restricting the establishment of illegal judge in the trial, institutional misconduct, the establishment of the trial judge accountability, the establishment of the trial judge conference system; re-education of judges in improving safeguards system measures have full use of university resources to re-education training of judges, should focus on professional legal knowledge and interdisciplinary knowledge on combining training, accelerate the training of senior judges and the pace of reserve personnel, increase investment in the training of judges.
Keywords/Search Tags:Judicial Reform, Protection the Judges Perform their Duties, Personal Safety
PDF Full Text Request
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