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Research On The Responsibility System Of Judges Handling Cases

Posted on:2019-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:J D ChenFull Text:PDF
GTID:2416330545496669Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Judicial injustice has always been the most difficult problem in judicial work,especially forjudges,how to do justice is their first and most important work duties.Similarly,judges as individuals,their rights and interests also need to be treated fairly.Judge handling a case is a crucial part of judicial justice.Once a problem arises,it will be difficult to obtain a fair trial result.Therefore,the judge handling cases must be strictly standardized,in the event of problems,there must be a response to the system.Many developed countries with the rule of law have a relatively perfect system to deal with the responsibility of handling cases by judges,which can not only promote the realization of judicial justice,but also standardize the conduct of judges handling cases.However,there are some problems in the investigation of judges’ responsibility in our country,such as the lack of legislation,the lack of clear rules and standards,the non-standard procedure,the lack of implementation of judges’ responsibility in handling cases,and so on,which seriously hinder the implementation of the judicial responsibility system.There is a growing debate about how judges should be held responsible,so it is necessary to solve this problem as soon as possible.It is easier for judges to make their own responsibilities clear in advance,to gain the understanding and recognition of improving judges’ status and job security,and to create a better professional environment for judges to deal with cases fairly.There are more than 30,000 words in this paper,which are divided into four parts:The first part makes a theoretical trace to the responsibility system of judges handling cases.This part first analyzes the definition and nature of the responsibility system of judges handling cases,and then compares the responsibility system of handling cases of judges with several related systems,thus highlighting the characteristics of the responsibility system of handling cases of judges.Then it explains the value of the judicial responsibility system from four aspects:safeguarding the legitimate rights and interests of the parties,stabilizing the ranks of judges,protecting the rights and interests of judges,and realizing judicial justice.The second part analyzes the system of investigating judges’ responsibility for handling cases in the developed countries with the rule of law.This part includes the following two aspects:first,it mainly examines the United States and Japan,France,which have more mature practices in the judicial responsibility system.Secondly,the enlightenment of some countries in civil law system and common law system is interpreted.Through the investigation of the rule of law abroad in the developed countries,we can learn from the successful experience of western countries in the process of perfecting the responsibility system of judges handling cases.The third part analyzes the problems existing in the responsibility system of judges handling cases in our country.This part is mainly from the serious lag of legislation related to the responsibility system of judges handling cases,the imperfection of the functions of the judges’ disciplinary committee,the lack of clarity of the cause of the investigation of responsibility,the non-standard procedure of the investigation of responsibility,The mode of adjudication committee causes some cases to be investigated for responsibility and can not be carried out in five aspects.The fourth part puts forward the basic idea of perfecting the responsibility system of judge handling cases.In this part,according to the practical problems elaborated in the third part,the author formulates the law of the judges’ responsibility for handling cases,perfects the function of the judges’ disciplinary committee,clarifies the cause of the investigation of the judges’ responsibility in handling the case,and standardizes the procedure of the judges’investigation of the responsibility for handling the case.Five aspects of the reform of the judicial committee system put forward specific proposals.
Keywords/Search Tags:the judge, case responsibility, investigate the cause, investigate subject
PDF Full Text Request
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