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Research On The Selection Mechanism Of Judges Under The Background Of The Post System

Posted on:2020-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z W TangFull Text:PDF
GTID:2436330575959249Subject:Law
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At present,China's legal system reform has been implemented in various provinces and cities,and some areas have begun the selection of the second round of post judges.The statement about the quota system of legal officials is no stranger to us.It was first embodied in the first five-year planning outline issued by the Supreme People's Court in 1999.It conducts in-depth research on the preparation and verification of people's courts at all levels to ensure On the basis of the quality and efficiency of the trial,the judges are determined step by step.Subsequently,the Supreme People's Court's "two-five plan" and "three-five plan" produced more specific and detailed regulations on the number of legal officials.In March 2013,the Supreme People's Court and the Central Organization Department jointly issued the "Opinions on the Reform of the Classification Management System for the Staff of the People's Court",setting preliminary requirements for the classification reform of the people's courts at all levels.The reform of the legal officer quota system is one of the important measures for deepening the reform of the judicial system in China.Its significance can be said to be historical,and it is a rare reform measure that China has dared to “cut its own knife” in recent decades.It plays an important role in realizing the professionalization,professionalization,and elitism of the judges,and improving the quality of the judicial system.At the same time,some problems have also emerged.For example,in the selection of post judges,there are inconsistencies and non-standards in the selection criteria.In terms of the selection ratio,there is a situation in which the machinery is selected according to a number.To solve these problems,we need to propose constructive and creative solutions with reform thinking.This paper mainly discusses from five modules.Specifically,the first module is a simple explanation of the concept of the legal officer quota system,as well as the institutional value and significance of the implementation of the legal officer quota reform,paving the way for subsequent problems and corresponding recommendations.description of.The second module mainly elaborates on the specific measures for implementing the legal officer quota system in China,and gives examples of the two provinces and cities in Shanghai and Guangdong provinces that are at the forefront of the reform.At the same time,taking the innovative approach of the Foshan Intermediate People's Court in Guangdong Province as an example,comparing with theforeign experience,it provides reference for the author's suggestions.The third module elaborates on some of the problems exposed by the courts in various parts of China in the process of implementing the electoral system of legal officials.For example,the selection criteria for the post of judges are not uniform,the scope of election is too narrow,and the number of elections is not scientific.The fourth module is for the experience and practice of countries outside the country.This paper selects the specific experiences and practices of the United States and Japan in the selection of judges and the training process,and compares them with domestic practices.The fifth module is based on some problems that emerged during the reform process.At the same time,it draws on the experience of the United States and Japan in the selection of judges,and combines the reality of judicial reform in China to present their own suggestions and ideas.Taking the S District S District Court as a data sample,an empirical analysis was conducted on the “case work measurement algorithm”.
Keywords/Search Tags:judicial reform, The system of posts for judges, Selection and appointment mechanism, The workload of the case
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