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Research On The Administrative Judge Selection System Of China

Posted on:2018-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuFull Text:PDF
GTID:2346330512482906Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As an important part of the administrative trial system,justice is not only about individual rights and freedoms,but also about the stability of social order.The administrative trial has become the "shortest board" in the current judicial work,which has led to the common fact that the "High Appeal Rate",administrative litigation,the administrative trial has been affected by the intervention of the local public authority.The appeal rate and the complaint rate remain high for a long time;and a large number of administrative disputes that should have been settled through administrative litigation have entered the petition channels.The most important of the reason is that the administrative trial work is closely related to the quality of the administrative judges that the legal basis of the legal system.However the low quality of the administrative judges?the increase of the new type of administrative cases?the revision of the new administrative procedural law certainly set higher requirements for the quality of the administrative judges.At the same time,it underlined the lack of professionalism and independence of judges in administrative cases.Resulting in a large number of the phenomenon of unfair judgment makes the public distrust of administrative trials.Even if we develop a scientifically rational administrative legal system,if we can not make the right decision of the judge,if we can not create a group of professional the administrative judges,the effectiveness of operation will be reduce.How to choose a specialized legal person as an administrative judge to ensure that the administrative judge can be independently.It has strong guiding meaning in the reformation of administrative adjudication system.This article including four parts: the introduction,the text and the conclusion.The first part mainly explains the background of the topic.On the one hand,to analyzes the concept and characteristics of the judges in the administrative cases.On the other hand,it contrasts with the criminaljudges and the trial judges of the civil cases,and puts forward the particularity of the judges of the administrative cases in our country.And then to elaborate the function and the role that should be played,in order to highlight the importance of this system in view of the concept,characteristics and basic contents of the selection system of judges in our administrative cases.In the second part,I mainly discussed the development of the selection system of judges in administrative cases of our country,and the problems existing in this system and analyzed the causes of these problems,and puts forward the reasons and the insufficiency.In the third part is the comparative analysis between the two school in the field of the selection of administrative judges.This paper attempts to identify the rule and development model-the selection of the administrative judges,and think about how to perfect the selection of the administrative judges in our country.In the fourth part,I will put forward the initial step of perfecting the present selection system of the administrative judges in China.To analyze the problem of the selection of the administrative judges and think about improving the specific measures,from the beginning of qualification requirements and selection criteria.
Keywords/Search Tags:Administrative court, The administrative judge, The judge selection system, suggestions
PDF Full Text Request
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