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Research On The Performance Appraisal Mechanism Of The Judges In The Trial

Posted on:2019-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:L M NingFull Text:PDF
GTID:2416330572963067Subject:Law
Abstract/Summary:PDF Full Text Request
At present,under the background of the reform of the judicial system,the courts in various countries have implemented the legal officer quota system to ensure the subjectivity and independence of the post judges.This is not only the core requirement of the judicial system reform work,but also the realization of the people's courts independently exercising the trial according to law.Important measures of power.Achieving "allowing judges to judge and let referees be responsible" is an important goal of judicial reform and an important measure to promote the rule of law.The core issue is the reasonable return of judicial power and responsibility,and the establishment of a scientific and reasonable judicial responsibility system.In the context of advancing the trial-centered litigation system reform,based on the position of a fair referee,the main contents of the judicial accountability system include the independent exercise of powers by judges and the accountability of wrong referees.Because judicial activities have special nature and laws,the judicial responsibility system is different from the general accountability system,which has higher ethical requirements and moral expectations for the judges who are the subjects of the judiciary.In order to ensure the smooth implementation of judicial reform and realize the reform goal of safeguarding judicial justice,it is necessary to establish a set of judgment performance evaluation mechanism with judge as the core.Therefore,after implementing the legal officer quota system,it is necessary to explore a set of scientific,reasonable and operability assessment system for the judges' judges' performance in combination with the actual practice of the trial,which not only effectively highlights the judge's judgment subject status,enhances the judicial credibility,and creates a It is very important to promote the professional reform of judges and to promote the professional reform of judges.It is also one of the core links in the reform of the judicial system and the inherent requirement for the realization of judicial responsibility and judicial justice.Especially after the implementation of the post system,the trial performance appraisal mechanism has become the basic means to promote the new round of judicial system reform and realize the reward and dynamic management of judges' performance.Its importance is self-evident.Therefore,the author takes the Hzhou Intermediate Court as an example to investigate the case.It is found that the trial performance appraisal mechanism has unreasonable evaluation indicators,prominent "economic" features,obvious"administrative dominance" trend and the evaluation mechanism is not easy.The problem,while the application of the assessment mechanism lacks normalization,is not conducive to its effectiveness.In particular,the judges who are the subjects to be assessed have insufficient participation in the actual appraisal work,which is not conducive to showing the fairness of the appraisal results,and it is difficult to obtain the judge's recognition of the appraisal results.Faced with this series of practical problems,the author analyzes the judicial rules in depth,and proposes a reasonable setting index system,relying on information technology,facing the guiding function of the economic mechanism of the evaluation mechanism and paying attention to the main diversification of the assessment.Attempts to provide advice and suggestions for the establishment of a scientific and reasonable trial performance appraisal mechanism to realize its value in promoting the reform of the judicial system.
Keywords/Search Tags:Post judges, trial performance appraisal mechanism, judicial law, indicator system, case weight, workload, case handling quality, case handling efficiency, case handling effect
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