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Research On The Role Positioning Of Contemporary Chinese Judges

Posted on:2020-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:K LuFull Text:PDF
GTID:2436330611968639Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the steady progress of the construction of the rule of law in China and the gradual deepening of the reform of the judicial system,the role of judges has once again become the focus of attention in the field of law.Whether in ancient China,they just "for its" sky "type judge,or the western blindfolded goddess of justice,the sword in the hand,all represent human pursuit for fairness,justice and goodness,represents the role of the judge a state ought to be,but in the actual social life,the role of the judge state of reality is the rule of law construction,the key of the reform of the judicial system.In the modern political state,the role of the judge is beyond doubt.But in the judicial practice of our country,the professional status of judges is not as bright as imagined,and the current situation of judicial power operation is also unsatisfactory.From the government's point of view,judges cannot effectively implement policies and plans and effectively solve social conflicts;In the eyes of the people,judges are not as fair and just as they expect.Judging from the society as a whole,the judgment of the judge is often unenforceable and even not necessarily the final decision;In the judge's own view,the judge's status is not high,the rights and obligations are not proportional,the people's evaluation of the judge is not high,professional honor is not strong,the judge even become the vent of social contradictions;Judging from the whole society,the lack of authority and credibility of judges has become an important factor hindering the reform of the judicial system.At present,the new round of judicial system reform is going through such a baptism process from tradition to modernity.How to have a clear and correct understanding of the role of judges from top to bottom,from outside to inside,give full play to the role of judges in judicial trials,and coordinate the conflicts between different roles of judges is a universal problem in current judicial practice.Based on different background,different groups on the specific requirements of the judges,the judge role internal conflicts and coordination,as well as to countries outside the judge role positioning of reference,according to the specific situation of our country,combing out the proper positioning of the judge in the present process of rule of law,thus the construction of the judge for the whole team and push the reform of the judicial system to provide some beneficial reference.
Keywords/Search Tags:Judicial reform, The judge role, Role conflict, Reality state
PDF Full Text Request
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