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Analysis On The Path Of Reform Of Legal Officials' System

Posted on:2020-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2416330575979409Subject:Law
Abstract/Summary:PDF Full Text Request
Since the 18 th National Congress,in order to comprehensively promote the modernization of the country's governance system and governance capacity through the rule of law,the Party Central Committee has proposed to further deepen the reform of the judicial system.On February 26,2015,the Supreme People's Court issued the "Opinions of the Supreme People's Court on Comprehensively Deepening the Reform of the People's Court",clearly proposing the establishment of a system of legal officials,promoting the reform of the classification system of court personnel,and establishing a separate job sequence that is consistent with the professional characteristics of judges..At the beginning of 2014,the first batch of pilot provinces and cities such as Jilin,Hubei and Shanghai first opened the curtain of judicial reform.Less than a year later,11 provinces and cities such as Zhejiang,Shandong,and Fujian also carried out reforms in the quota system of legal officials.In 2016,14 provinces and cities such as Hebei and Beijing joined the judicial reforms as the third batch of judicial reform areas.After more than two years of exploration and practice,the effectiveness of the reform has gradually emerged,and the consensus on reform has basically taken shape.The production of legal officials is an important part of the reform of the judicial system.It is a deep adjustment of the traditional interest pattern.It is a traumatic reform.It is a fundamental position in the reform of the judicial system.It is the hardest bone and the relationship.The future and fate of the judges are related to the success or failure of the judicial system reform.The implementation of the legal officer quota system will help improve the efficiency of the use of judicial resources,help to improve the sense of professional identity and responsibility of judges,improve the enthusiasm and efficiency of judges,and help to strengthen judicial authority.The reform is advancing in the process of exploration.Due to the inconsistency of standards and the differences in regional conditions,many problems have also been exposed as the reforms continue to deepen: the registration system and the legal officer system have simultaneously intensified the contradiction between the number of people and the small number of people.In the process of the post system reform,there has been a phenomenon of excessively high and low-level posts by virtue of seniority.The problem of setting the post ratio too rigid is not scientific and reasonable.These problems have hindered the pace of reform of the legal system of China's legal officials and have led to a lot of thinking.This paper takes a grassroots court in Jilin Province as the research object.Firstly,it discusses the theoretical support of the implementation of the legal officer quota system from the background,connotation value and necessity of the legal officer quota system.At the same time,it combines the specific data on the basis of empirical research.It analyzes the implementation of the court's post system,details the specific process of the legal officer's quota system in the implementation of the local court,collects and analyzes the relevant data of the incumbent personnel,and summarizes the achievements since the post system reform.Secondly,the data is used as a support analysis to find some specific problems in the implementation process of the post system.Secondly,the reform of the local court is a microcosm of the reform of the national legal officer quota system.Based on local reforms,we will reflect on the universal problems in the reform of the legal system of the country.There are still many shortcomings in the lack of normalized selection mechanism and supporting system construction,and the administrative influence still exists.Finally,it puts forward some suggestions on the problems that arise,perfects the allocation of trial support personnel,smoothes the promotion channels of the judge assistants,and improves the salary treatment of the judge assistants.Establish a diversified dispute resolution mechanism,improve the streamlined and simplified diversion mechanism,improve the independent and unified management system for people and property under the provincial government,and strictly implement the leadership case handling system.In order to build a scientific and reasonable judge personnel management system with Chinese characteristics,promote the construction of a country ruled by law,and lay the cornerstone for China's judicial independence.
Keywords/Search Tags:System of Judge Posts, Judicial Reform, More case but few people, Proportion of Legal Officials
PDF Full Text Request
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