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Research On Judge's Responsibility In The Process Of Judicial Reform

Posted on:2018-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y ZhangFull Text:PDF
GTID:2346330515488004Subject:Legal theory
Abstract/Summary:PDF Full Text Request
No normal operation of jurisdiction,governance and social life will be plunged intochaos.Under the context of national governance,the judicial modernization is an important part of modern governance capacity and governance system.With the change of social structure and transformation,the citizens consciousness of law and rights constantly strengthen,and judicial justice has become the most fundamental and essential demands,Judicial reform specific propulsion also gradually become the key points and difficulties of reform and the construction of law.As Dworkin said,“ The court is the capital of the reich,the judge is the law of the princes”,The judge is the subject to exercise judicial power,the core of the operating mechanism of judicial reform is the reform of judge's professional behavior.From the perspective of the public,the judge is the judge not only the case,is the characterization of judicial quality and judicial justice.If the judge duty mechanism is poor,it will cause the social justice and the impact of serious erosion of the source of building a nomocracy.So the judge's responsibility system is the key to the success of judicial reform.How to improve the trial judge accountability has become the core of the problem.This paper take the judicial reform as the background,and rely on the practice of judicial reform,rational analysis the progress and effectiveness of China's current judicial responsibility system reform.The construction of judge responsibility system and specific operation mode and program changes.Except the introduction,the whole idea of this paper can be divided into three logical levels.The first level is the judge's responsibility system of discourse context,This is the theoretical tone of the article set,mainly from the reality,function orientation.The second level is on the status quo and problems of judge responsibility are revealed,based on the description of the status quo of the three aspects of the judge's accountability and responsibility from the illegal conduct of the trial performance appraisal,occupation ethics responsibility on responsibility.Reveals the current problems in the process of implementation of the trial judge's responsibility system.The third level is the rational reconstruction of the judge's responsibility system,that ispart of the fourth.According to the above to judge liability mode and content classification,from the security system,establish handling quality lifelong responsibility norms of illegal adjudication of liability and punishment,improve the evaluation mechanism to strengthen the judicial responsibility,defects in four aspects to realize the judge occupation ethics accountability mechanism to carry on the system analysis and normalization path reconstruction.
Keywords/Search Tags:the reform of the judicial system, the judge's responsibility system, system reconstruction
PDF Full Text Request
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