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Research On The Administration Of Judicial Supervision By The President Of The Chamber Of Justice

Posted on:2021-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:L Z ChaiFull Text:PDF
GTID:2506306188982909Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Since the introduction of the President’s judicial supervision and management authority,the tension between judicial power and judicial supervision and management power has been greatly alleviated,because it has been the focus of the reform of judicial responsibility system because it replaced the powerful intervention means of administration in the past with moderate and modest supervision and management mode.This round of reform emphasizes the full guarantee of the independent exercise of judicial power,while strengthening the exercise of judicial supervision and management power,so that the two tend to balance.After the abolition of the case examination and approval system,the trial supervision and management of the president of the court showed a situation of "unwilling to delegate power" and "poor supervision ".Although the reform has achieved a series of results,the judicial power and the judicial supervision and management power circle Problems such as unclear limits,inadequate implementation of the system and inadequate accountability have not been fundamentally resolved.In the process of deepening the reform of judicial system,it is necessary to clarify the boundary between judicial power and judicial supervision and management power,return to the law of judicial operation,promote the scientific mechanism of judicial supervision and management,realize the independent exercise of judicial power,and improve the efficiency of judicial quality,so as to judicial credibility.This paper takes the theoretical connotation,historical evolution,value analysis and other basic contents of the trial supervision and management power of the president of the court;the basic pattern of the trial supervision and management power of the president of the lower house of judicial responsibility;the problems and causesin the process of power operation;the transformation path of the trial supervision and management power of the president of the lower house of judicial responsibility system as the main line,and divides the article into four parts:The first part focuses on the question of "what is ".Through the analysis of judicial power,trial supervision power,trial management power and the relationship between the three to clarify the relationship and difference between judicial power and trial supervision management power.The content of judicial supervision and management power is different in different historical periods and presents different characteristics,and the process of its connotation evolution conforms to the law of judicial operation and judicial practice.At present,the theoretical circles have a positive attitude towards the judicial supervision and management mechanism of the President of the Court,precisely because of its own fair and efficient value,in line with the goal of judicial system reform.The second part is to grasp the practice operation of the trial supervision and management mechanism of the president of the hospital,and find out the problems existing in the power operation.The reform of the judicial supervision and management power of the President of the Court has achieved a series of results: the courts at all levels have abolished the system of signing the judgment documents one after another;the scope of supervision of the President’s case is greatly limited and the procedure is more open and transparent;the judicial power is constantly enriched,and the mechanism of handling cases by the President of the Court has been normalized.The third part is based on the practical foundation of the trial supervision and management power of the president of the hospital,and summarizes some problems of the trial supervision andmanagement power of the discharged president: the dislocation of the power of "one post and two responsibilities" and two responsibilities "affects the trial independence;the supervision mechanism of a particular case is flawed;and the responsibility for improper exercise of the trial supervision and management power is difficult to investigate.From the perspective of history and reality,the causes of the problems are analyzed.supervision and management power produces benign interaction.
Keywords/Search Tags:Judicial responsibility system, Judicial supervision and administration of the President of the Court, Judicial administration, Independent trial, Judicial jurisdiction
PDF Full Text Request
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