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The Predicament Of The Reform Of Legal Officials System In China And Its Solution

Posted on:2019-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y E GuoFull Text:PDF
GTID:2416330566989258Subject:Law
Abstract/Summary:
With the development of the economy,all kinds of systems have constantly reformed and improved,and the judge post system is one of them.Since 1999,the quota of judges is put forward and in the third Plenary Session of the 18 th CPC Central Committee,the reform of judge post system has become a hot issue again.This article mainly introduces the concept of judge post system and the problems of the judge post system in our country through the contents of five chapters.Finally,the corresponding improvement methods are put forward for the problems of the judge post system in our country.In this article,the functionalist approach is mainly adopted,and the author from the perspective of functionalism discusses the following reasons.First,it is the change of the original intention of the reform.From the perspective of functionalism,the initial function of the reform of the judge post system is to improve the efficiency of the trial.The function is weakened and the identity function is strengthened in the recent years.Secondly,it is that the conditions of the judges in our country are not strict enough.In this article,the author adopts the comparative analysis method,and studies the severe conditions of the judges in four countries of the United States,the United Kingdom,Germany and Japan,and our country tries to separate the judges and the judicial assistants through a non standard form within the court.The way is very incorrect.Thirdly,it is the problem of our country’s litigation mode.From the perspective of functionalism,there are too many tasks to be undertaken by the judge under the mode of super power litigation in our country,which is not conducive to the realization of the professionalization,specialization and elites of the judges.After discussing the problems of the reform of the judge post system in our country,the author puts forward some improvement measures from the perspective of functionalism,such as the return of reform to the original source,the strict elective standard and the change of the litigation mode,in order to provide a new research idea for the reform of the judge post system in our country.
Keywords/Search Tags:legal officer system, functionalism, litigation model, efficiency-oriented, identity-oriented
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