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The Logic And Practice Of The Chinese Trial Judge Accountability System

Posted on:2018-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:N XiangFull Text:PDF
GTID:2346330515490008Subject:Civil justice practice
Abstract/Summary:PDF Full Text Request
The judge is an indispensable part of the judicial system through the exercise of judicial jurisdiction.The trial judge accountability system,is given,the trial judge independent power of the referee’s case,by its is responsible for the trial of the case,in order to change the reviewer is not found,urteiler not careful trial separation phenomenon,thus effectively improve the efficiency of the judgment of the court and the court judge of the quality management system.Since the third plenary session of the 18 th to the four or five reform outline of the people’s courts to 18 have been mandated in the fourth plenary session of the trial judge,the collegial panel working mechanism should be improved.The trial judge system construction has been included in a new round of reform of the judicial system,has become a promote judicial credibility and build an essential part of judicial civilization.About the trial judge system in our country,in recent years,theoretical research and practical exploration continuously emerged,but as a new system,the trial judge accountability system in the building practice there are still many problems to solve and improve,such as the system is also lack of the provisions of the relevant legal system,the trial judge the onnotation,nature is not clear enough,the limits of power of the trial judge,the selected conditions,responsibilities,job security,inspection and other issues have no detailed design.This paper combine theory with practice and use the literature research method to study the basic theory.This paper is divided into five parts,the first part is the basic connotation of the judge responsibility system,introduces the development background,on the whole are defined,including the trial judge connotation,condition,the system itself significance;The second part is the necessity of the implementation of the judge’s responsibility system and feasibility analysis,trial separation,responsibility the program is not perfect,the administrative responsibility and responsibility system for the implementation of the trial judge in urgent need to solve the system of investigating the optimization based on the progress of the implementation,the system of judges and judicial environment in misjudged cases to trial judge system implementation convenience;The third part is the investigation of foreign liability system of judge,the judge liability system comparison countries,summarizes the qualifications,interests,accountability procedures and other common;The fourth part is the practice inspection of the trial judge accountability,including on the existing problems onthe responsibility of misjudged cases,the trial judge’s selection,assessment difficult,conflict of rights and related judicial personnel complex,the trial judge lack of occupation protection,analysis of judicial committee system problems;The fifth part is to improve the idea of judge’s responsibility system,in order to judge responsibility system.
Keywords/Search Tags:The Trial Judge Accountability System, The logic, The Responsibility of Judges, The Practice
PDF Full Text Request
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