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Research On The Judge's Accountability In The Context Of Judicial Reform

Posted on:2019-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:F F GengFull Text:PDF
GTID:2416330548453066Subject:Applied law
Abstract/Summary:PDF Full Text Request
Judicial responsibility system can be described as the core of the current judicial reform,and the reform of the judges' accountability is an important microcosm of its practice.Although our people's courts at all levels have gradually implemented the trial power operating mode,which is having the adjudicator judge and shall be the responsibility of itself,and established the judge's disciplinary committee to charge the judge's accountability,but its role in real life is not significant.The issues of judges' accountability still have more places to be improved.The question of the judges' accountability is related to the fairness,justice,and trust of the judiciary.Therefore,this must be taken seriously.In addition to the introduction and conclusion,this article is divided into four parts,around 35,000 words.The first part is an overview of the judge's accountability.First of all,through the investigation of the basic characteristics and the scope of application of the judge's accountability,combing and identifying the judge with a view to a more comprehensive,thorough and accurate grasp of the issue of judge's accountability.The second,the applicability value of the judge's accountability should be clarified so as to highlight the goal of the judge's accountability.The second part analyzes the shortcomings in judge's accountability of our country.First of all,it clarified that in the investigation of the judge's responsibility in our country,the laws and regulations on which it is based are at a low level,and there is also conflict over its content.Followed by the unscientific process of judge's accountability,there is a lack of a unified mechanism for the initiation of the procedure of judicial accountability.There are also many deficiencies in the disciplinary committee that responds to the judge itself.The object of the judge's accountability and the reasons are also not considered comprehensively,and the failure of the supervisory organ leads to accountability implementation can not be put in place.Finally,the related supporting system for the responsibility of judges is not perfect.In the process of legal responsibility for the judges,due to the fact that the quality of the judges' handling of cases takes a life-long responsibility,the relevant provisions of the exemption system and the system of performance and security of judges are not perfect,causing various problems in the process of pursuing the responsibility of the judges.Judges also failed to deal with the compensation for the victims,and did not pay enough attention to the prevention ofjudges' responsibilities.The third part elaborates the specific methods of investigating the responsibility of judges in the main rule of law countries outside the domain.First of all,it discusses the specific practices of the accountability of judges in Britain,the United States,France,Germany,and other major rule of law countries.The purposes pursued by these major rule of law countries are roughly the same in this respect,but they also have certain characteristics in terms of specific practices based on differences in historical traditions and specific national conditions.Secondly,it analyzes the commonalities and differences between the major countries such as France,Germany,France and Germany in the investigation of the responsibility of judges,and puts forward references to the accountability of judges in China.The fourth part is the solution of the judges.accountability in China.Firstly is to improve the relevant legislation on the accountability of judges.The improvement of relevant legislation is the fundamental issue for effectively solving the issue of the judges' accountability.The second is to establish a sound accountability procedure for judges,and to improve the accountability process from the start of the main body,responsible for the responsibility,specific reasons,implementation of the effect,the monitoring mechanism.Finally,it is to improve the relevant supporting systems for the accountability of judges.The punishment of judges according to law cannot be separated from the application of the lifetime quality system of the judges and the application of the exemption system for judges.At the same time,various duty performance guarantees must be in place.In addition,it is necessary to make clear that compensation to victims is an integral part of the accountability of judges.It is also necessary to fully realize that the accountability of judges needs to be prevented and controlled from the source,and this should be improved.
Keywords/Search Tags:Judge punishment, accountability, problem analysis, comparative study, improvement measures
PDF Full Text Request
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