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Research On The Construction Of A New Trial Team Model And Path Optimization

Posted on:2019-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2436330569477874Subject:Law
Abstract/Summary:PDF Full Text Request
After China began to implement the registration system for registration in 2015,the number of cases filed by the courts in the country has increased dramatically,and the contradiction between many cases is becoming increasingly acute.In addition,the reform of the official budget system has made it no longer feasible to simply increase the number of judges to solve the problem.Therefore,we cannot hope to increase the court staffing to solve the contradiction of more people and fewer cases.Instead,we should innovate from the perspective of mechanism and system,and change the solution from “transfusion” to “hematopoietic”.The new trial team should therefore be able to Health.The new trial team is compared with the previous trial team.The "new" of the new trial team is reflected in the staffing of the trial team,from the previous "judge + clerk" model development to "judge + judge assistant + secretary "Mode".In the composition of the new trial team,the judge plays a central role and is the "leader" of the entire trial team;the "quasi-judgment" work of the judge's assistant can provide judges with useful legal opinions,and is the left side of the trial team.“Brand”;the clerk's “transactional” work can cut off the "branch" in the process of hearing the case,allowing the judge to concentrate on the trial of the case,to avoid the interference of other matters,and to be the "right arm" of the trial team.Only in this way can the function of the new trial team be optimized.The specific ratios of judges,judges' assistants,and clerk shall be comprehensively considered in accordance with the level of the court,the number of cases,the type of cases,the number of court personnel(judges and trial assistants),and the quality(the legal literacy of judges' assistants).Add to determine.For example,judging from the court level,the personnel ratio of judges,judges' assistants,and clerks can adopt the following model: The grassroots courts can adopt the “1+1+1” model,which is based on an independent system.Intermediate courts can adopt a collegiate bench as the model.The main "3+3+2" model,the High Court and the Supreme Court can use the "3+2+2" model or "3+1+2" model.Judging from the type of court filing,the number of new trial teams in civil courts is more appropriate than other trial courts.Judging from the structure of the court's personnel,judges who give priority to the selection of trial experience are the leaders of the team.This paper takes the personnel structure and personnel ratio of the new trial team as research points and focus points to explore the optimal path for the new trial team.In addition to the introduction and conclusions,this paper is divided into four chapters.The first chapter mainly introduces the basic situation of the new type of trial team,including the development background,concept determination,functional positioning and evolution model of the new trial team.The second chapter mainly introduces the current model of judiciary formation in all local courts.It mainly involves the First Circuit Court,the Beijing No.1 Intermediate People's Court,the Guizhou Court,the Qingdao Intermediate People's Court,the Futian District Court,and the specifics of the above courts.The organizational model was carefully analyzed.The third chapter mainly reflects the problems existing in the trial team construction process from the existing new trial team model,including more flexibility and less principle,a large gap in the number of trial assistants during the operation of the new trial team,unclear division of responsibilities,and legal issues.Lack of literacy and other issues.The fourth chapter mainly proposes countermeasures and suggestions for optimizing the formation of new trial teams from aspects of court review,court personnel structure,number of cases,types of cases,team formation methods,and so on.
Keywords/Search Tags:New trial team, Staffing, Judge assistant, Clerk
PDF Full Text Request
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