Font Size: a A A

On The Construction Of Judicial Responsibility System Of Judges In China

Posted on:2018-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhangFull Text:PDF
GTID:2416330605952426Subject:Marxist Jurisprudence
Abstract/Summary:PDF Full Text Request
In contemporary China,the rule of law has become a national identity model,the status of judicial power has been greatly improved.One of the basic requirements of the rule of law is the independence of the judiciary.However,the modern political theory tells us that it is difficult to prevent the corruption of power only by the control of public power and the self-discipline of the users.As Lord Arkon said: "Unrestrained power always tends to be corrupt,which is an everlasting experience." In order to prevent the corruption of power,it is necessary to supervise the power accordingly.However,the judicial power,after all,is different from the executive power,the nature of the two different decisions determine the different ways of supervision.The supervision of judicial power should respect the law of judicial operation,in order to achieve justice as the goal,judicial independence is the premise of judicial justice,so judicial supervision should be in the protection of judicial independence under the premise of supervision.Therefore,it is necessary to divide the boundaries of the judicial power and supervise the judicial power,and establish a mechanism that can guarantee the independence of the judiciary and effectively prevent the judicial arbitrary and the judicial corruption.The author thinks that the judicial and reasonable judicial responsibility system is A reasonable boundary between the two.This paper is divided into two parts,the first part is the theoretical construction part,that is,the first chapter and the second chapter.The first chapter is the introduction of the article,the author analyzes the background and significance of this study,the relevant research status,research methods and the innovation of the article;the second chapter is the judicial judicial responsibility system overview,the article first through the judge This paper introduces the general situation of the judicial responsibility system of the judges in our country,and thinks that its development is in the process of continuous improvement,then analyzes the connotation of the judicial responsibility system of the judges,and finally expounds the necessity of constructing the judicial responsibility system of the judges TheThe second part of this paper is about the construction of the judicial responsibility system of the specific analysis,including the third,fourth,fifth and sixth chapter.Chapter 3 clarifies the scope of the judicial responsibility of the judge,including the trial judge,the collegial panel,the judicial committee and the court leaders;the fourth chapter from the fact that the standard and the legal standards of the two sides clearly defined the responsibility of the judge's judicial responsibility;The fifth chapter provides the judge's judicial responsibility to pursue the procedure,including the determination of the main body,the start of the proceedings,the implementation of the investigation and consideration and treatment,and finally elaborated after the referee's power relief path;It is the exposition of the way of liability,including the economic responsibility of the defect of the case,the administrative responsibility of the violation of the law,the criminal responsibility of the law and abuse and the punishment.
Keywords/Search Tags:Judge 's responsibility for judicial, Responsibility, Responsibility to pursue, Take responsibility
PDF Full Text Request
Related items