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On The Reform Of The Accountability Mechanism For Judges In Wrong Cases In Our Country

Posted on:2019-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y L JiangFull Text:PDF
GTID:2436330566473155Subject:legal
Abstract/Summary:PDF Full Text Request
As Martin Judge of Australia pointed out: "In a well-ordered society,the judiciary should receive the trust and support of the people." However,due to the influence of history and culture,the level of the overall quality of the judges in our country is not high.Although there has been a very high degree of improvement,there are still many irrationalities in the establishment of the judicial system,leading to the emergence of judges in our country.Many problems,such as wrongful cases,have caused some irreparable tragedies,which is also an important factor in reducing the credibility of judicial justice.Therefore,this article focuses on the study of the accountability system for judges for misjudged cases,analyzing their existing deficiencies,and drawing lessons from abroad.On the basis of the accountability system for judges and combined with the objectives of the new round of judicial reform,the author puts forward a system design for the investigation of our country's judges' misjudged responsibilities,and finally puts forward some suggestions for improving the accountability system for judges' misjudged cases in light of China's national conditions.The article is divided into four parts:The first part mainly analyzes the status quo of China's judicial accountability system for judges' misjudged cases and the deficiencies in the entities and procedures.It also conducts a detailed analysis of the current mechanism for the accountability of judges for misjudged cases,identifies their existing problems and identifies them.Differences or conflicts between legal documents,research on the structure of existing mechanisms,analysis of existing mechanisms in the accountability of the main body,accountability procedures,and the responsibilities of the irrational aspects of the existence of irrational,for a preliminary detailed introduction.The second part mainly deals with the detailed analysis of the accountability of foreign judges,selects representative United States,Britain,Germany and Japan,conducts research on the judicial systems of these countries,and analyzes their system of impeachment,punishment,and immunity.The analysis of the scope of impeachment and punishment,and the discovery of systems that are worthy of our country's reference,such as the proper procedures,the neutrality of the accountability body,and the completeness of remedial measures,provide some valuable reference for the establishment of the accountability system for judges in China.The third part of the main content is to establish the objectives and principles to be followed in the investigation of the misjudged case system of judges in our country.The goal is like a beacon of navigation.Only when the goal is established,can concrete measures be put forward.The third part focuses on the principle of the reform of the accountability system for judges' misjudged cases.Through the interpretation of the principle of the neutrality body,due process,etc.,the principle of de-administration,judicial independence,and judicial fairness is finally achieved through the observance of the principles.The fourth part is mainly on the basis of the first three parts,and proposes concrete suggestions for the improvement of the miscarriage system.Through the improvement of ideas at all levels,we will eventually improve the mechanism for the accountability of judges for misjudged cases in China in order to achieve the goal of research.Highlight research significance.
Keywords/Search Tags:judge misjudged responsibility, accountability system, specific measures
PDF Full Text Request
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