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Deepen The Research On The Improvement Of The Judge Assistant System In Our Country Under The Judicial Reform

Posted on:2019-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:F ChenFull Text:PDF
GTID:2436330548466748Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China's assistant judge "pilot" reform is under the special judicial background of our country to learn from the judicial reform of the assistant judge system in the United States,the system is the first to start trial in the United States,initially China introduced assistant judge system in order to improve the quality of our country's trial,training judicial ability of legal personnel and through the assistant judge for law school graduates to provide judicial practice opportunities.The reform of assistant judge in China has been carried out gradually in the way of "pilot" and experienced the development of trial period and extension period.in the new round of judicial reform,the assistant judge system has entered a remodeling period or mature period.The reform of the post system of judges and the reform of the assistant system of judges are the relationship between the main reform and the secondary reform.the reform of the assistant system of judges will find the direction and impetus of the reform in the implementation of the post system of judges and carry out drastic reform.this reform of the assistant system of judges will become an important opportunity for the construction of the assistant system of judges in our country,and is the key period of judicial reform in our country.There are five chapters in this paper.the first chapter is the introduction,which explains the special background,research purpose and significance,the research status at home and abroad and the research methods of this paper.The reform of the assistant judge is carried out in a new round of judicial reform,the implementation of the post of judge clearly defined the direction and guidance for the assistant judge system,so that the assistant judge system can be carried out rules-based;The purpose of this paper is to make the trial reform of assistant judge in the new round of judicial reform,seize the opportunity to provide effective suggestions for the appointment of our assistant judge system;Thus,we can make the reform of judge assistant develop steadily and speed up the construction of judge professionalism in our country.The second chapter,the summary of the assistant system of judges,mainly describes the basic connotation,basic characteristics and value of the assistant system of judges.When it comes to the basic meaning of assistant judge,distinguish between assistant judge and assistant judge;The characteristics of assistant judge,the dependence of reform and independence are briefly summarized.Finally,it discusses the four values of the construction of the assistant system of judges for the professional construction of judges,judicial fairness and justice,promoting the division of judicial affairs and ensuring the implementation of the post system.The third chapter,the characteristics and the reference significance of the foreign assistant system of judges,compares the American,British and continental legal systems of Germany and France and Taiwan,and analyzes the reference significance and value of the two legal systems of the assistant system of judges to China's assistant system of judges.The fourth chapter,the important part of this paper,describes the status quo of China's assistant judge system,review the development history of China's assistant judge from the perspective of the pilot court,summed up the achievements and problems in China's assistant judge in the pilot.The fifth chapter,an important chapter of this paper,analyzes the development path of China's assistant judge system,mainly from the clear nature and identity of the assistant judge,division of unified and flexible work responsibilities,reasonable determination of the allocation of assistant judge,strict management and assessment of assistant judge,perfect career prospects to protect six aspects of the discussion,in order to provide some reference for the development of China's assistant judge system,accelerate the process of the construction of China's professional judge.
Keywords/Search Tags:law clerks, deeping judicial reform, institutional research
PDF Full Text Request
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