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On The Predicament And Outlet Of The Reform Of The Judicial Post System

Posted on:2019-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z L QuFull Text:PDF
GTID:2346330542454480Subject:Law
Abstract/Summary:PDF Full Text Request
With the deepening of Chinese comprehensive deepening of reform,the process of ruling the country by law has been accelerated,and the reform of the judicial system has been put on the agenda.Formulated by the supreme people's court about comprehensive's opinions on deepening the reform of the people's court to further reform the court,which clearly put forward to judge system,specific requirements are taken into account of the performance,business ability,the theoretical level,a judge and legal factors such as work experience,to ensure good to stay in the line,a judge this is.As is known to all,the quality of judicial trial is reflected in the quality of judges.A judge with high political quality and professional competence is the premise of fair and objective trial.However,in the face of the uneven quality of judges,there is an urgent need for the optimization and upgrading of the judges,so as to form a professional and professional judge team.The judge took system can improve the judicial disadvantages of old,that can focus on the job,a judge judge liberation,for the classification of the court personnel management at the same time,make the trial judge,judge is responsible for.The implementation of the post system has a positive effect on the prevention of judicial corruption,fair trial cases,and the promotion of judicial corruption,fair trial cases,and the promotion of judicial authority and credibility.This paper mainly introduces the difficulties and solutions of the judicial post system from four aspects.The first part is the introduction,mainly including research purpose and significance,domestic and foreign research status,research methods and innovation points.This paper is based on the in-depth understanding and analysis of the characteristics and significance of the post system,so as to recognize the nature of the post system and lay the foundation for solving the problems.The second part is an overview of the judicial post system.First this paper introduces the concept of international system,namely in the people's court on the basis of the existing establishment,combined with the region economy conditions such as number of cases to categorize the court personnel,divided into the judge's judicial auxiliary personnel of the judicial administrative personnel.Secondly introduces the system of specific characteristics,including benign competition of the stabilization of the staff working environment Into theforehead on the line and a judge judge team professionalization and specialization of the four characteristics.Through the introduction of features,we have a clearer understanding of the post system,and we should follow certain principles,which is the principle of smooth transition in the principle of fair selection.These will run through the reform,which is internalized as the general rule of action.In addition,the implementation of the reform of the post system can promote the professionalization of the judges' team and completely change the situation that the judges' professional quality is not high enough and the legal concept is not strong.At the same time,it can help the court to administrate,to realize the case fair and open trial.t is one of the goals of the reform to implement the rule of law and realize the rule of law society.Moreover,the system can improve the efficiency of the case and make the limited judicial resources play a big role.The third part is the problems faced by the reform of judicial posts in our country.Check data such as talking with party a judge,by extracting reform the problem faced,specific have the judge into different proportion of problems The young judge erosion problems Into the frontal pressure judge handling the case Balance of the delayed in exercising their functions and powers for the judge and the court security administration and the localization problem.The situation of these problems is briefly analyzed and the causes of these problems are analyzed in depth to provide conditions for further solving these problems.Through the analysis of the cause of these problems lies in too general law of international standard judge job security Court cases have proliferated to judge assistant insufficient regulation and local courts lack of human,financial and management.The fourth part is the solution to the problem of the reform of the judicial posts in our country.By reasonably determining the proportion of the judges' posts and considering the factors such as the level of economic development in the region,the proportion of posts should be determined and the core workload of the judges should be considered.To construct the personnel allocation of science,implement the dynamic adjustment of the proportion of posts,improve the assistant system of judges,and increase the sense of professional honor while opening up the channels of promotion.Strengthening the professional guarantee of judges enables judges to exercise judicial power independently,while improving the remuneration of judges,so that the workload and remuneration are roughly equal.We shoulddeepen the system reform of the court,build a judicial system centered on the trial,and construct the unified management of the people's property in the court.To establish the punishment system of the judge,we should implement the responsibility system of the judge,uphold the responsibility of the case and the accountability system of the case,and establish the exit mechanism of the judge.
Keywords/Search Tags:Judicial reform, System of categories, Dilemma and outlet
PDF Full Text Request
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