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The Research Of The Judge’s Single Position Sequence System

Posted on:2016-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:XiangFull Text:PDF
GTID:2296330479450357Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Traditionally, our staff will be positioned as a national civil court, to take the executive civil service management model, the management of the trial judge and non-judicial personnel are relatively confused. This civil service management model presents many problems: on the one hand, you can not judge a prominent central position of judge, judges are not conducive to the cultivation of professional quality; on the other hand, easily lead to the loss of judicial resources, judicial efficiency is not high, the credibility of the court loss and other problems, which hinder the healthy development of the judiciary. Therefore, in order to better solve the problem, break the courts currently single administrative system, promote job sequence judge alone system reform and the implementation is particularly urgent in the context of judicial reform.Judgeships sequence refers to the different degree of responsibility on the basis of the work of sophistication degree of difficulty, the qualifications and duties of judges from high to low levels divided into different positions, in order to comply with the law and the trial judge occupational characteristics, underlines a management body status and power of judges. It contains job level(rank) and post the names of two basic elements, the judge position and rank of the provisions of judges will become the basis for sequence management. Although the judge voices academic duties sequence of reform for many years, even in Congress, judicial reform in congress have mentioned to establish a management system is different from ordinary civil judges, including the "Judges Law" are clearly separate the duties of a judge to establish the sequence, but the reform goals never materialized. Under the current system, in spite of the Organization Department of the CPC Central Committee, the Supreme Court in July 2011 promulgated the "Provisional Regulations judgeships sequence settings", but the process of practical operation, the ranks of judges and administrative level is still linked to the long-term there is no way breakthrough, but there is such a judge position and rank established scientific standards, recruiting and selection mechanism unreasonable judge, judge unknown powers and responsibilities, job security is not perfect, and many other problems.To this end, the author intends to perfect the duties of a judge alone system starting sequence, what follows is,why, how do logical thinking, the article is divided into four parts will be discussed are:The first part is the introduction sequence positions judge alone system, the main meaning of the judges wrote a separate post order system, historical flow, value and effect;The second part is the theoretical basis of the judge duties sequence alone system, including the theoretical basis as well as on the general sense of normative basis;The third part is the judge alone system operation sequence job problems and cause analysis, summarized the main issues for internal problems and external problems, which were discussed, and the differentiation from the traditional institutional mechanisms, the official standard of traditional culture, the interests of three large terms of office of judges alone the overall sequence of the problems cause analysis;The fourth part is the perfect vision of a judge alone countermeasure job sequence system, mainly from the perspective of both internal and external, the right medicine, in order to improve the internal management by strengthening external support mechanisms to accelerate the convergence process, and promote the implementation of job sequences judge alone system perfect.By the overall architecture and vision, I tried to find a breakthrough from the macro-institutional level for the construction of a single judge duties sequence more or less able to rule China contribute to the current judicial system reform, promote the early realization of judicial fairness and justice, to promote the building process.
Keywords/Search Tags:Duty series, Judges, Independence, System
PDF Full Text Request
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