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A Thesis On The Standard Of Chinese Traditional Judges

Posted on:2019-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:K GaoFull Text:PDF
GTID:2416330548952103Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The establishment of a reasonable judge standard is an important link in the efficient operation of the judicial system,and it helps to improve the judicial credibility significantly.The establishment of the judge system depends on the reasonable Judge standard.Judges,as practitioners of law,play a key role in judicial activities.The content of the Chinese Judge Standard construct by the Western law theory.Therefore,the Western legal system is not adapted to the actual situation in C hina.The excessive admiration of Western jurisprudence and the excessive neglect of traditional C hinese legal culture make the Chinese legal culture unable to achieve the unification of history and reality.The author tries to find a solution to meet the needs of the rule of law construction from the native culture tradition.In the first part of the paper,the paper mainly expounds the significance of the research object of "The Collection of Pure and Bright Court Verdict Made by Famous Officials ".Song Dynasty is the peak period of C hinese Traditional law culture,has a relatively sound legal system,for today's judge standards have reference value,and thus launched a Chinese traditional "judge" standard research and theoretical analysis.The second part focuses on the characteristics embodied in the standard of the Chinese traditional "judge".Summed up four criteria that is "integrity,benevolence,justice,diligence." The judge should be kept clean in the work,to prevent the abuse of power and treat the masses with compassion and kindness to the prisoners.The handling of cases should be based on law and fair and impartial.Be diligent and cautious in performing their duties.It contains the C hinese traditional "judge" the rich content of judicial practice.In the third part,the author further explores the function and system operation guarantee on the standard of the C hinese traditional "judge".The Song Dynasty has the characteristic three measures,has the important function to safeguard the judicial operation.It is found that the Song Dynasty attaches great importance to the construction of legal system,both civil and criminal legal system,as well as perfect judicial institutions to ensure the implementation of law,to supervise the judicial acts.The fourth part of this paper analyzes the course of the construction of the contemporary Judge team.By means of data analysis,the present situation of the contemporary Judge Standard is presented.It is found that the advancement of the judge standard system in the period of C hina's judicial reform is not perfect enough to explain the contemporary value on the standard of the C hinese traditional "judge".In the fourth part of this paper,the author evaluates and analyzes the process of the construction of the contemporary Judge team.Through the analysis of data,the author discovers the present situation of the contemporary Judge Standard.In the transitional period of China's judicial reform,there are still defects in the judge standard system.We should play the role of Chinese traditional "judge" standard,realize its contemporary value.Judges,as elites of society,are those who uphold justice and justice.The standard of a judge is directly related to the public's confidence in the judicial credibility and the public's faith in the whole legal system.Through the analysis and research of the standard of Chinese traditional "judge",this paper explores the integrity of traditional Chinese "judge" and the value that can be used for reference in today's judicial reform.
Keywords/Search Tags:The Collection of Pure and Bright Court Verdict Made by Famous Officials, Culture of Law, The Judge Standards
PDF Full Text Request
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