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The Theoretical Logic And Practical Rationale Of The Judicial Responsibility System Of The Court

Posted on:2020-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y H MeiFull Text:PDF
GTID:2436330575998681Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The current judicial responsibility system in the court system of our country is a complete system,which integrates power,responsibility,supervision and restriction.It is a system based on a series of supporting system reforms,such as the reform of the operation mechanism of judicial power,the reform of the judge posting system,the management of people and property below the provincial level,and the professional security of judges.It inherits the independent exercise of judicial power and launches the judicial security system.Strengthen and optimize.From the Eighteenth National Congress of the CPC to the Nineteenth National Congress,which put forward "further deepening the reform of the judicial system" to "fully implement the judicial responsibility system",the judicial responsibility system occupies a fundamental position.In January 2019,General Secretary Xi Jinping stressed at the Central Political and Legal Work Conference that the judicial responsibility system should be fully implemented so that judicial personnel can concentrate their efforts on fulfilling their duties and handling cases well,so as to improve the quality,efficiency and credibility of the judiciary.This is the guiding principle of comprehensively deepening the judicial responsibility system in the new era,and provides the fundamental guide and follow for deepening the judicial system reform and doing a good job in the judicial work in the new era.With the deepening of judicial reform,there are still some problems that need to be solved urgently while the judicial responsibility system achieves success:the new judicial supervision and management mechanism is not yet perfect;the channels for post judges to advance and retreat are not smooth;the level of judicial competence of some quota judges does not meet the requirements of the new era;in the context of a small number of cases,the external environment of the judiciary is not good,and the credibility of the judiciary is not high;It is difficult to construct a joint evaluation system of judges' performance,and so on.These problems are reflected to varying degrees in judicial practice,which is also the main reason for deepening the judicial responsibility system in the next step.In this paper,the judicial responsibility system,the professional guarantee mechanism of judges and the operation mechanism of judicial power are jointly included in the object of study.Through empirical analysis and comparative study,combined with the law of judicial operation,the internal logic and value dimension of judicial responsibility system are analyzed,and the connection mechanism between judicial responsibility systems is explored,with a view to promoting the judicial responsibility system on the track of judicial law in an orderly manner.Provide theoretical support and value guidance.This article is divided into six parts,the specific framework is as follows:The first part is the introduction,mainly combing the development process of contemporary judicial responsibility system,introducing the background and significance of this topic,the research status and research methods of this topic,laying the tone for the full text writing.The second part analyses the concepts of judicial responsibility and judicial responsibility system,summarizes the value implication of judicial responsibility system.and comprehensively reflects the connotation of judicial responsibility system.The third part is to provide theoretical support for the construction and improvement of the judicial responsibility system in the next step by investigating the theoretical basis and institutional basis of the judicial responsibility system.Part IV:To investigate the two core systems of judicial responsibility system,namely,the system of life-long responsibility for handling cases and the system of accountability for misjudged cases,to sort out the background and connotation of the system.and to analyze the existing problems and shortcomings.The fifth part:Combining with the relevant contents of the extraterritorial judicial responsibility system and the difficulties and problems existing in the implementation of the judicial responsibility system in the courts of our country,this paper puts forward some suggestions on perfecting the judicial responsibility system of our courts from the aspects of perfecting the retrogressive mechanism of selecting and withdrawing judges,the operation mechanism of the judicial power with clear powers,responsibilities and interests,the different supervision mechanism of judicial power inside and outside,and the judicial professional guarantee mechanism.Make comments and suggestions.The sixth part is the conclusion,which summarizes the relevant situation of this study.
Keywords/Search Tags:judicial reform, judicial responsibility system, judges, lifetime responsibility for the quality of case handling, accountability system for misjudged cases
PDF Full Text Request
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