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Research On Behavior Mode Of Judges Under The Cross-administrative Districts Jurisdiction

Posted on:2019-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:X M JiangFull Text:PDF
GTID:2416330548953063Subject:Applied law
Abstract/Summary:PDF Full Text Request
The theoretical research on current judicial reform interprets the operation problems for the most part is from the objective or intuitive form,but not study it from the aspect of a human being reaction.This kind of research method characterizes the pros and cons,brought by judicial reform,too abstractly.This paper concentrates on the judicial behavior of the judges during practicing,and try to interpret it as a practical activity question.The operation of any judicial system is not only a theoretical problem,but a practical one.The changed behavior model taken by the judges,the subject to the judicial jurisdiction system,reflects the reformed systems.As current judicial reform,characterized into "Top-level design",is advancing comprehensively.This paper analyzes the judges whether their behaviors beyond the original designed judicial system.And this article also explores whether implementation of cross-districts jurisdiction deviates its own designed track.All those researches above provide effective feedback to the top decision makers.The cross-administrative jurisdiction system aims to eliminate judicial localization,judicial administration,and to promote the allocation of judicial resources,justice and fairness.Although the system has been implemented since the third plenary session of the 18 th central committee,a lot of problems raise at the same time.Through analyzing judge behavior patterns under cross-districts jurisdiction situation,this paper learns the questions during the process of institutional reform.It also tries to explore whether the expectations of judicial system are weakened by those changes,to prevent the judicature from the new methods,new paths intervention during the reform.Finally,we will try to provide a new idea to cross-administrative jurisdiction.Except for the introduction,this paper discusses the following several parts: the first part,discusses the basic concepts and main theory of the judge behavior patterns,this part focuses on the judge behavior theoretical basis,judge behavior analysis and the reality performance of the judge behavior,which provides a foundation and theory sources for the later discussion.The second part discusses the current jurisdiction system in our country and the judge behavior under this situation.In the following steps,this part will analyze the problems of the jurisdiction in our judicial system and the factors might influent judge behavior.And then the article will explore the limitations and shortages of judge behavior pattern presented.The third part is the empirical analysis,which describe the judge behavior taken under two types of across-districts jurisdiction of current judicial system.Through collecting the data,which reflect the operation status and judge behavior at trail court under two types of cross-districts jurisdiction circumstance,to analyze the current reform situation and the new raising questions,to learn the dilemma the judge may meet under this circumstance.The fourth part discusses the way and give some suggestion to the judges under the new reform cross-districts jurisdiction system.This part will give some ideas to the solve those questions,through combing the discussion before with the social trends,current institutions.
Keywords/Search Tags:Judicial reform, cross-administrative division, judicial jurisdiction system, judicial behavior, empirical analysis
PDF Full Text Request
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