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Research On The Protection Of Judge's Personal Rights And Interests Under The Background Of Judicial Reform

Posted on:2020-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z ZhangFull Text:PDF
GTID:2416330590458665Subject:Law
Abstract/Summary:PDF Full Text Request
The Fourth Plenary Session of the 18 th CPC Central Committee put forward the general goal of governing the country according to law and promote the continuous development of the rule of law in China.As an important force for advancing the rule of law,judges shoulder the historical mission of resolving social contradictions and safeguarding social justice.Strengthening the protection of the personal rights and interests of judges is of great significance for promoting the construction of the rule of law.Especially in the current reform of the judicial system,the contradictions and disputes in the daily life of the people are increasing.The judges in the referee position are directly exposed to the risk of intensification of contradictions,and the personal safety issue is at stake.In particular,in recent years,cases of injury to judges have frequently occurred,and they often face malicious injuries such as insults,slander and even personal attacks.The judge's dignity is lost.How to create a good social order,establish a sound protection system,and improve judicial authority is one of the problems that must be solved in the current judicial reform.In view of the research on the personal protection system of judges,the author elaborates from four aspects.The first part,first of all,mainly explains the basic connotation of the judge's personal rights,and compares the personal rights and interests with the judge's occupational security and rights protection to find out the differences and connections.Secondly,the history of judicial reform and the protection of judges' rights and interests in China The history is briefly explained and the theoretical basis for safeguarding the personal rights of judges is analyzed.Finally,in the context of judicial reform,the value of the role of judges in China is pointed out,and it is pointed out that the current judges in China bear the division of labor in various roles.In the second part,the author first enumerates several classic cases,analyzes the common characteristics of personal injury of judges in our country,and analyzes the causes of personal injury ofjudges in China from the aspects of jurisprudence and reason,judges themselves,trial system and legislation.The third part introduces the relevant systems of the Anglo-American legal system and the civil law system to protect the personal safety of judges.It focuses on the measures taken by the United Kingdom and the United States on the personal protection system of judges,and comparatively analyzes the current shortcomings in the protection of judges' personal safety.And provide references and suggestions for the writing of the last chapter.In the fourth part,this chapter is based on the research of the first three chapters,conforms to the development trend of judicial reform,determines the value concept of the judge's role orientation,and draws on the common practices of foreign countries to try to put forward relevant suggestions for the personal rights system of judges in China.
Keywords/Search Tags:Judicial Reform, Judge personal rights, Institutional reference
PDF Full Text Request
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