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The Reform And Improvement Of The Quota System For Judges

Posted on:2021-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:S W SuFull Text:PDF
GTID:2416330623978166Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Judges play a very important role in society,"not only should they play the role of judges in judging merits and demerits,but they also act as builders of a harmonious society with the development of the times," especially after the transition of society,the number of litigation cases is increasing rapidly,and the phenomenon of blowout appears.It is very important to build a professional team of judges to guarantee the quality of litigation social cases.In 2019,the People's Court issued its fifth five year reform plan,launching a new round of judicial reform.As an important part of the current judicial reform,the reform of the post system of judges has undoubtedly become the focus of the judicial circles.The Post System of judges refers to the optimized allocation of the court structure according to the law of judicial operation,judicial function and judicial purpose,as well as the judicial reality of our country,under the premise of fully meeting the judicial requirements,to strengthen the integration and improvement of the court's resources,and to build a judicial trial operation mechanism with elite,professional and professional judges as the core,so as to truly focus on the trial work during the operation of the court's work,to enable outstanding elite judges to take charge of the trial power in the trial front line,improve the efficiency and quality of the trial,earnestly safeguard the judicial authority and promote judicial justice,so as to meet the increasing legal demands of the public during the social transition period,guarantee the quality of cases in "Litigation Society".The system of judges' posts began to take shape as early as in the outline of the first five-year reform issued in 1999,following the introduction of a leadership policy on post system reform and the document release effect to attract outstanding judges,the pilot work has been gradually carried out,but post system reform as a systematic and complex large-scale project,although certain achievements have been made,the elite ranks of front-line judges in trials have been initially realized,however,there are still many problems to be solved,such as the number of cases,the proportion of posts unable to meet the actual needs of different regions,the serious brain drain of judges and the unreasonable allocation of supporting measures.The reform of the post system of judges is the key and difficult point of this judicial reform.If we want to solve the problems in the process of its implementation,we need to use the thinking of reform and comb the operating mechanism of the post system of judges,we should reflect on the causes of the problems,put forward creative solutions,and explore a new way to improve the system of judicial officers.Therefore,this article takes the current social transition period,the People's legal awareness has been greatly enhanced,the litigation disputes have proliferated,facing the new phenomenon of "many cases and few people",how to guarantee the quality of the "Litigation Society" cases as the cut-in point,applying the Structural functionalism method and the system theory method,following the system as a process to evaluate the structural function of the Harvard Strategy,this paperexpounds the basic connotation,course,cause of formation and significance of the post system of the judge under the realistic judicial situation in our country,in order to construct the basic frame system of the post system and take it as the theoretical basis,in order to explain the problems of the post system in the wave of judicial reform and reflect on it,and based on the reflection to explore the key factors affecting the evaluation of the post system,put forward the realization path of the post system reform.This paper holds that in order to improve the reform of the post system of judges and to build a professional team of judges,so as to meet the needs of our judicial reality more effectively,it is necessary to: First,to build a pluralistic and secure system of judges,we should improve the mechanism for selecting judges,comprehensively formulate the proportion and standard of flexible posts for judges and the mechanism for judges to enter and leave,so as to meet the needs of the courts at all levels.At the same time,we should also improve the mechanism for ensuring judges' professional security and enhance their professional identity Second,it is necessary to strengthen and improve the supporting mechanism of the post system,improve the supporting mechanism of the trial assistants,ensure that each staff member in the court performs their respective duties,and create a trial team with a reasonable division of Labor in order to improve the efficiency of handling cases and ensure the quality of cases,at the same time,a more systematic litigation diversion mechanism will be established to deepen the multi-faceted dispute resolution mechanism and provide a way out for solving the problem of "too many cases and too few people" in the courts;thirdly,the in-depth reform of the judicial administration system will be strengthened to remove obstacles for judges in handling cases,the fourth is to perfect the supervision mechanism of trial management,strengthen the internal and external supervision,and ensure the independence of judges,so as to achieve a fair trial,ensure judicial justice.
Keywords/Search Tags:The Quota System, Professionalization of judges, Judicial Reform, Perfection
PDF Full Text Request
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