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The Construction And Improvement Of The Judge System Of Judges In The New Era

Posted on:2019-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z L YuFull Text:PDF
GTID:2356330548457762Subject:legal
Abstract/Summary:PDF Full Text Request
In the process of reform of the judicial system in which the people's courts are in full swing,how to better achieve social fairness and justice has become a hot topic of discussion.As we all know,the judicial activities of the courts are an important procedure for realizing judicial fairness and justice.This is closely related to the role of judges with professional knowledge.As judges of national jurisdiction,the judge must strictly regulate and restrict the power in the hands of judges.Judges make judgments based on the facts and evidence they have identified,and the results of their decisions will directly affect the vital interests of the parties and the order of social production and life.In the judicial process,what kind of judicial responsibilities the judge will assume and how to investigate the responsibilities of the judge need to be seriously considered.The purpose of the Judge Responsibility System is to regulate the conduct of judges,maintain the image of judges,prevent the corruption of judges,and achieve judicial justice.At present,China has promulgated many laws,regulations,and method documents concerning the accountability of judges.However,there are obvious deficiencies in the organization of the responsibility of the judges,the cause of investigation,the procedure for investigation and the manner of punishment.This article examines the deficiencies of the responsibility of the judges in our country,and based on the comparative analysis of the disciplinary system of foreign judges,based on the status quo of China's reform and the judiciary,it puts forward some suggestions and ideas that are more perfect for our country's judge responsibility system.This article is divided into five parts and the specific framework is as follows:The first part: The first part of the text is an introduction.It mainly introduces the background and significance of the topic,the research status and level of this topic,as well as the research methods and deficiencies of this article,and lays the foundation for full-text writing.The second part: Passing on the origin of the accountability system of judges and the investigation of basic theory.This paper comprehensively introduces the research background of the judge accountability system from the sources and development,the theoretical basis and the practical significance of the accountability system of judges.The third part: Summarizes the status quo of our country's judge accountability system,and explains the main problems existing in the judicial disciplinary system in China from the following four aspects: the investigation of the subject,the investigation of the subject,the investigation procedure and the disciplinary measures.The fourth part: Through the investigation of the accountability system of judges in the United States,Germany,and Japan,we analyze the design,operation and advanced experience of foreign judges' liability system to find out the extra-territorial experience that suits our country's judicial responsibility system.The fifth part: Put forward specific measures to construct and perfect the system of the accountability of judges in our country.In terms of accountability of judges,we must shift from result-centeredism to behavioralism,focusing on the judge's misconduct,and also need a judge's liability exemption system to protect judges;an independent judge's disciplinary committee must be established at the national and provincial levels.The composition of the committee's personnel should be given to the judges to give the disciplinary committee more rights;the judicialization of the disciplinary process must be implemented,and the judge's responsibility should be investigated with judicial means;and finally,disciplinary measures that meet the professional characteristics of the judges should be set up to achieve the purpose of punishment and education.
Keywords/Search Tags:Judicial Responsibility, Exemption of Liability, Judge Responsibility System, Disciplinary Committee
PDF Full Text Request
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