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Reconstruction Of The Disciplinary System Of Judges In Our Country Under The Background Of Judicial Reform

Posted on:2018-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:X T JiFull Text:PDF
GTID:2346330512960057Subject:Law
Abstract/Summary:PDF Full Text Request
Judge disciplinary system is an important content of the judge system in China,is of great significance to perfect the existing judge disciplinary system, help to maintain the independence of the judiciary, regulate the behavior, to curb judicial corruption, improve the credibility of justice. From the perspective of judicial reform,judge disciplinary system is also a key project of judicial reform,the Supreme Court in 2015 issued explicit provisions on deepening the reform of court opinions, will be in the national and provincial level the establishment of Disciplinary Committee of judges, which reflects the improvement of the disciplinary system to our country, but also provides an important opportunity for further development of judicial punishment.However,for disciplinary reasons defects,punishmentThe absence or the specific procedure and disciplinary measures and administrative punishment cross and other characteristics, is difficult to reflect the characteristics of the occupation, it is difficult to adapt to the new situation of judicial reform is currently in progress. In view of this,the disciplinary problems existing in the system through the analysis of the judge,to explore the deep reasons and excellent experience in contrast with the western countries, reform background actively establish China characteristics of the judge disciplinary system.This paper is divided into four parts: the first part, the concept and connotation of judicial punishment as the starting point, the construction of the disciplinary system of the value of interpretation from the theoretical basis. The second part, the first of China's current judge disciplinary system from various aspects and angles were introduced in detail. The main reason and judge disciplinary hand, mainly by the court supervision departments at all levels to punish violations of the Supreme Court;"people's court staff Punishment Ordinance has clear rules for disciplinary procedures;disciplinary measures mainly refer to the punishment of civil servants. And then from the unreasonable reason of insufficient scientific and reasonable administrative procedures, standardFive aspects of in-depth interpretation of confusion and other disadvantages of our current judge disciplinary system exposed. From the influence of the traditional judicial culture, supervision responsibility fuzzy, causes the quality of judges is not a disciplinary system in three aspects of imperfect analysis. The third part explains, summarizes some western countries judge disciplinary the fourth part,starting from the current our country judge disciplinary system problems, put forward the procedural justice judicial philosophy, establish the legal basis for the high order bits, the disciplinary punishment judge real law. Based on the independence of the judiciary and judicial punishment on the principles of the judge disciplinary system designThat is to set up the "dual mode + internal external disciplinary institutions",the judges and judicial support staff posts into the object of punishment, by violating the law and discipline of judges judicial disciplinary procedures. To process standards as a measure of wrong criteria defining disciplinary reasons except, comprehensive disciplinary measures.
Keywords/Search Tags:Judicial reform, Judge system, Discipline
PDF Full Text Request
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