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Research On The System Of Judge’s Responsibility Under The Background Of Judicial Reform

Posted on:2022-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:J XuFull Text:PDF
GTID:2506306521979359Subject:Master of law
Abstract/Summary:PDF Full Text Request
Judges,as the main body to exercise the jurisdiction,play a key role in ensuring the correct execution of jurisdiction,enhancing judicial credibility,and maintaining social equality and justice.Therefore,improving the judge’s accountability system of China is the most essential part of realizing the target of“let judicial personnel adjudicate and take responsibility for cases”.In 2016,after the Supreme Court issued relevant documents on judge punishment,courts at all levels have explored to achieve effective restriction and scientific accountability of judges through judge punishment.At the same time,the reform of the national supervision system is also constantly advancing.Based on the dual status of national public officials and judges,the exercise of judges’ judicial power is subject to both external supervision by the discipline inspection and supervision organs and internal punishment by the court system.There are overlapping in terms of functional positioning and supervision scope between the two,and the connection mechanism between the two has not yet been constructed,There is no effective supervision force.This paper analyzes the limitations of the current judge punishment,such as the unclear subject of punishment,the lack of neutrality,the disunity of standards,the unreasonable procedure,and so on.It makes up for the shortcomings of the court system,but it also overlaps with the judge’s disciplinary function,replacing part of the judge’s disciplinary function.Therefore,it is necessary to adjust the judge’s disciplinary function to further highlight its professional function.At the same time,the discipline inspection and supervision organ should fully follow the judicial law when it pursues the responsibility of the judge.Therefore,the author makes a comparative study on the responsibility system of judges in different countries of foreign legal system,so as to clarify the supervision scope and working mechanism of judge punishment and discipline inspection and supervision,realize the orderly connection between them,and give full play to their different functions in the level of judge supervision,It is necessary to construct a double supervision mode in accordance with the law of justice.
Keywords/Search Tags:judicial reform, judge’s accountability system, supervision system, judge disciplinary system
PDF Full Text Request
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