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Research On The Mode Of Selection Of Judges In The Context Of Judicial Reform

Posted on:2017-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y P OuFull Text:PDF
GTID:2356330512463028Subject:Law
Abstract/Summary:PDF Full Text Request
China The Supreme People's court proposed the establishment of the judge's "step by step selection mechanism" in the "fourth-five-year reform compendium".That is,in this selection model,the judges at higher levels courts will be selected from the lower.This is the first time that China has formally established the "step by step" selection mechanism for judges.Compared with the "third-five-year reform compendium",in this model,the "step by step" feature is more prominent.As the main way of selecting the higher level count judges,whether the mechanism is scientific and whether the procedure is reasonable will all directly affect the effectiveness of the judicial reform,even affect the correct exercise of the judicial power.Through the analysis of the selection notice of 61 courts at various levels,we can see that there are many problems in the current selection mechanism,such as the cross-level,cross-region,selection procedure chaos,the mixed up setting conditions and so on,all of which run counter to the characteristic and internal requirements of “the higher court judge's step by step selection model”.Based on this,at the background of the basic conditions of the development of the rule of law in China,the development of Chinese judicial reform overall planning,we should establish a model that can reflect the internal requirements of the selection model.For step by step judge selection model,"step by step selection + first appointment selection" is the fundamental system,"practice qualifications + practice experience " is the basic principle,"work performance +professional level " is the main way.What's more,this selection mechanism will not only promote the selection of outstanding talents,but also promote the specialization and occupation of judicial team.
Keywords/Search Tags:judicial reform, judge selection, step by step selection model, selection, model
PDF Full Text Request
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