Font Size: a A A

Dissimilation And Correction:The System Of Meeting Of Civil Judges

Posted on:2019-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiFull Text:PDF
GTID:2416330545465980Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The system refers to the meeting,in the full court or the judge encountered major and complicated cases,can be composed of professional judges conference to convene the meeting of the presiding judge presiding judges and judges by professional opinion on the case,and the opinion as a collegial panel or sole judge hearing the case of a reference factor collective consultation and expert consultation the autonomous organization.The judge meeting system is an important part of the current judicial reform,which is of great significance to the judicial reform of "administration" and the implementation of the system of judges' responsibility.However,since the trial operation in 2013,the actual state of the system of judges' meeting in practice has deviated from its own value.In order to make the system of judge meeting play its due role in the judicial reform and practical operation of our country,we should study the causes of alienation and the improvement of its system.In order to achieve the above purpose,this paper first studies the connotation and function of the judge meeting system at the theoretical level.Through theoretical analysis,it is clear that the judge meeting system is a self-governing organization of judges' collective consultation and expert consultation,including two forms,namely,the trial of a judge and a meeting of professional judges.It is based on the principle of independent trial and the separation of judicial power from judicial management.It should have the function of removing part of the function of the Commission,improving the joint meeting of the chief adjudication and strengthening the functions of the collegial panel and the only judge.Secondly,in the theoretical analysis on the basis of practice at the start of the judge system meeting meeting free for the intervention case space and unreasonable discussion mode weakens the discussion of equality,consultation of the case are weakened,resulting in a unified legal operation link leads to irregular part dysfunction,related measures not perfect reason leading to the phenomenon of alienation of procedure procedures of alienation are analyzed,concluded that the system of judge meeting is due to the alienation of modern litigation ideas and implementation is not in place,law officer meeting system of the positioning of the understanding is not clear,the judicial responsibility system reform is not perfect,the judicial conference system standard operation,and other causes the.Thirdly,after analyzing the above phenomena and reasons,we can confirm the feasibility of implementing the system of judge meeting through comparing the relevant systems both at home and abroad and the status quo of our judiciary.Finally,through the above analysis,the system of our country perfect the procedure of judge comments,to standardize the meeting starting procedure,to reasonably determine the participants and their identity,to restrict the content of the meeting to discuss the scope,to refine the rules of procedure of the judicial conference system and to improve the conference related management measures.Through the above analysis,the purpose of this study is to provide practical suggestions for the improvement of the system of judges' meeting.
Keywords/Search Tags:Judge meeting system, Procedural dissimilation, Perfection of system
PDF Full Text Request
Related items