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Research On The Improvement Of The Judge's Responsibility System

Posted on:2021-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiuFull Text:PDF
GTID:2436330626954450Subject:legal
Abstract/Summary:PDF Full Text Request
China has a vast territory and a long history.Its national conditions are unique.China is taking a path of characteristic socialism.Its rule of law is also a road to socialist rule of law with Chinese characteristics.It is a comprehensive strategy for the rule of law to govern the country.The authority of the judiciary and the realization of fairness and justice have a long way to go.It will not be realized because the judicial power is legally independent,but it is necessary to form a mechanism for checks and balances of power in order to achieve judicial justice.Power must be liberated,and norms must be strict,but neither can be excessive.The excessive release of power is like a dislocated horse.Excessive restriction is like a big tie,no flexibility,and the normal operation of judicial power requires a balance between the two.The judge responsibility system is precisely this kind of good medicine.The reform of the judicial system and the improvement of the working mechanism are inseparable from the implementation of the judge responsibility system.This is also the core content of the judicial responsibility system.Let the people feel fair and justice in every case,and it is inseparable from the perfect construction of the judge responsibility system.The independent exercise of judicial power by judges and the corresponding responsibilities are prerequisites for the achievement of judicial justice.The foundation of the judge's responsibility system lies in the theory of “unanimity of powers and responsibilities”.The essence of the judge is “the judge is judged by the judge,and the judge is responsible”,that is,the judge is also responsible for the results of the judgment while enjoying the right of independent judgment.The significance of the implementation of the judge responsibility system is to change the current unreasonable court management model,reduce the impact of judicial power administration,achieve trial integration,improve the efficiency of case trials,improve the quality of trial trials,and form the maintenance of judicial authority and promotion quality.Equal emphasis on benign construction.The judge's responsibility system is not a one-off effort.It is a systematic and holistic project.It can be realized not only by simple decentralization but also by a series of supporting mechanisms toprotect the escort.In this context,in this context,combined with the important spirit of the Fourth Plenary Session of the 18 th CPC Central Committee and the 19 th National Congress,this paper makes a more specific analysis of the system of judge responsibility system.This article analyzes the judge's responsibility system mainly has the following parts:The first part is the introduction.The second part mainly introduces the theoretical basis of the judge's responsibility system,such as the origin of the judge's responsibility system,its basic connotation and characteristics,as well as its legal basis and legal value.The third part mainly discusses the current effect test of the judge responsibility system.While it has made great achievements,we are not difficult to find that the system design has defects.The fourth part is the judge's analysis of the problem of the judge's responsibility system due to its institutional defects.The fifth part is an examination of the relevant systems of developed countries outside the country,mainly including the four countries of the United States,Germany,France and Japan and their experience.The sixth part is the principle that the judge responsibility system should adhere to in the course of operation.This is also a fundamental thing.The seventh part is to put forward some suggestions for improving the design of the judge responsibility system and the practical problems raised by it.There are three suggestions on the system improvement level,as well as occupational security,trial organization reform,and post system.Thinking about the list of powers,etc.The last part is the conclusion and outlook of this article.
Keywords/Search Tags:judge responsibility system, unity of power and responsibility, occupational security, judicial justice
PDF Full Text Request
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