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A Number Of Difficult Problems Of Judge's Misjudged Case Responsibility

Posted on:2018-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:R ChenFull Text:PDF
GTID:2336330512995471Subject:Law - Law Shuo
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Over the past few years,with the emergence of some larger social impact of misjudged cases,the construction of our judge system of accountability was put on the agenda.Vertical point of view,from the beginning of the Xia Dynasty to the late Qing Dynasty,our country has basically formed a relatively complete accountability laws and regulations of the judge.Although after a period of modern chaos,but still for the current system of judges in China to build a rich experience.Horizontal,foreign countries mainly through the two major measures to cope with misjudged cases problem,that is,the establishment of a strict system of judge's selection and the feasibility of the judge system of accountability,to improve the professionalism of judges to prevent the occurrence of misjudged cases and the specific maturity of the judge system,strict legal system of the judge referee behavior,and the responsibility of foreign judges to pursue always to protect the independence of the judiciary as the core.Looking back at history,summing up experience,comparing the system of foreign judges,drawing lessons from experience,are conducive to the construction and improvement of the judge system of modern Chinese judges.At present,there are still some problems in the judge system to reduce the incidence of wrongdoing in our country.If there are some problems such as the administrative process of administrative responsibility,the obscure standard of the judge,the confusion of the accountability procedure,the application of the retrospective effect of the legal system,Lack of job security.Through the analysis of the causes of the problem of the judge's duty and the interpretation of the existing system of judge in our country,the author analyzes the different results of the Zhaojun Mo judgment of the first and second instance and the analysis of the results of the Hu Ge investigation.way of solving the problem.To this end,we should start the following aspects,to further improve China's regulatory system,to ensure the realization of judicial justice.Including the establishment of a relative exemption system for judges 'duties,establishing a special judge to legislate to clarify the problem of misconduct and the retrospective force,standardizing the procedure of judges' chase and improve the effectiveness of the judge's right remedy.
Keywords/Search Tags:The judge held accountable, Misjudged cases investigated, right remedy
PDF Full Text Request
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