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Research On The Responsibility System For Handling Cases Of Judges In China

Posted on:2017-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:K L WangFull Text:PDF
GTID:2356330485996991Subject:Law
Abstract/Summary:PDF Full Text Request
Based on the inner need of judicial impartiality and independence,each country has its own set of judge disciplinary system in the world,in order to ensure the independence of judges decide cases on the one hand,effectively protecting the jurisdiction of the judge,on the other hand in order to regulate the activities of judges,to prevent violations and discipline judges.Although China has initially established a system of judge responsibility,but there are many legislative and judicial issues,such as the subject of accountability is not reasonable;accountability procedures,accountability measures administration;accountability standard and accountability for judges responsibility for misjudged cases,brought about by a series of drawbacks,shows China needs to improve and perfect the system of judge responsibility.This paper from two different cases,and introduction to the connotation of judge liability system,pattern,form,and leads to the significance of the judge's responsibility system.Perfect the responsibility to guarantee the independence of judges,regulate the Judges Act to strengthen the judicial authority,but also to safeguard the legitimate rights and interests of judges.However,the reality of the situation is not optimistic,judge liability system in our country has not adapted to the current judicial reform,it needs further reform.In order to solve these problems,based on the comparison and analysis of foreign judges of the responsibility system,absorb the beneficial elements,and combined with our ongoing judicial reforms,intended to design a set of effective systems.For the judges of the ability to detect violations,does not let the judges concerned with impunity,to converge with the system of judge responsibility better,demand building violation mechanism in China.In order to achieve judicial fairness and rectitude,reflecting China's court system,judges the Justice of the special,you need to set specific measures of accountability and accountability;standardized accountability,especially for the "wrong" standard definition of standard judges accountable process,removal of administrative,truly judge liability system of Justice.Aiming to judge liability system exists not to hold judges accountable,is to regulate judges ' behavior,in order to achieve judicial justice and judicial independence,and finally achieve the rule of law.Judge liability system on the one hand to judge when there is a violation penalties,judges can't "molesting" a step to maintain its integrity and authority.Judges should be given protection on the other hand,in my unreasonable punishment of judges become judges stand up for their dignity and legitimate rights and interests of the weapons.Improve the system of judge responsibility to become justice and external interference factors of separation,so that when the judge hearing the case rational,fair and reasonable decision.Therefore,improving liability system of the judge is the basic to realize judicial independence and justice system guarantee,must be attention.
Keywords/Search Tags:Case-handling responsibility, judicial independence, judicial justice
PDF Full Text Request
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