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Research Of The Judge Selection System Reform

Posted on:2017-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:R R ZhouFull Text:PDF
GTID:2296330485954393Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In our country, the immediate goal of judicial reform is to realize independence of judgment, to present judicial fairness, to maintain judicial authority and to improve judicial effectiveness, all of which are somehow similar to the goal of reform of judge selection system. Therefore, reform of judge selection system has become a key section during judicial reform. As a special position, judge has been considered as one of the important professionals in today’s construction and development of a legal state, and a completed judge selection system has therefore been regarded as the precondition of achieving high quality of judges. For those modern legal states, each of them has normally formed a stringent judge selection system. As such it has become a significant part in our construction of legal state to conduct reform of judge selection system, forming a scientific,standardization, modern system. Problems such as vague standards, administration of selection process, neglect professional experience, shortage of selection institutions and localization of judge selection are always found in our selection system. A reform of selection system enables to provide not only theory support and practical evidence of choosing judge with high quality, but also a reliable system safeguard to the direction for high quality development of judge group, which in turn benefiting the maintainability of judge authority and realization of justice.By adopting empirical analysis and comparative analysis, through comparison of views from domestic and foreign learners, this paper concludes the connotation of judge selection system. Taking it as starting point, this paper conducts analysis and illustration on factors and procedures covered in such system from a theoretical perspective; and based on theory, it analyzes the shortcoming and the reasons for such shortcoming within this system.With the foundation of above analysis, the author tries to clarify the basic idea of reform of judge selection system in our country. Taking a outsider overseeing perspective, in respect of problems coming up during selection in our country, this paper would consider a more reasonable solution that UK, USA, Germany, Japan and French would probably choose,wishing to provide a unique point of view for reference during our reform of judge selection system. This paper proposes suggestion to reform of judge selection system,which includes to consider selection condition and necessary qualification, to comprehensively finalize judge post system and selection committee system. Also,suggestion on gradual preciseness in terms of selection procedure has been proposed, while specific measures towards reform of judge selection system from both system level and practical level have been introduced.
Keywords/Search Tags:Judges Selection System, Selection Exercise, Selection Committee
PDF Full Text Request
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