Font Size: a A A

An Empirical Study Of Judge Assistant System In China

Posted on:2022-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:D Y LiFull Text:PDF
GTID:2506306500964919Subject:Procedural Law
Abstract/Summary:
The original intention of the design of judge assistant system is to separate part of the procedural and transactional work in the trial work of judges,so that judges can focus on the "trial" and "judgment" of cases.However,with the promotion and implementation of the judge assistant system,the problems of the system are gradually emerging.These problems not only affect the implementation effect of the judge assistant system,but also aggravate the contradiction of "more cases and less people" in judicial practice to a certain extent.Therefore,based on the operation background of the judge assistant system,this paper focuses on the operation status of the judge assistant system in G Province,carries out the empirical research of the judge assistant system in G province through the combination of questionnaire and interview,and analyzes and summarizes the existing problems of the judge assistant system in G Province.Based on the analysis of the causes of the problems,this paper puts forward some countermeasures to solve the practical problems,such as improving the legal basis of the judge assistant system,clarifying the selection and management of the judge assistant,responsibility positioning,scientific allocation and professional security,so as to help the operation of the judge assistant system in G province and even the whole country.The main contents of this paper are as follows:The first chapter starts from the operation background of the judge assistant system,based on the reform of the classification of judges,the reform of the judge post system and the implementation of the case registration system,combined with the functional orientation of the system and its relevant legal provisions,makes the necessary theoretical foundation for the in-depth study of the system.The second chapter carries out the empirical research on the current situation of judge assistant system in G province.Based on the analysis of the existing research results,this study divides the specific dimensions of empirical research,formulates the research framework,designs the questionnaire framework and interview outline.The judge assistant system of G province is selected as the main research object,relying on the relevant departments of the higher people’s Court of G province to carry out research,through combing and analyzing the research data and interview materials,to understand the operation status of the judge assistant system of G Province,and put forward the specific problems existing in the operation of the system.The third chapter focuses on the reasons for the operation of the judge assistant system.This study concludes that these reasons mainly lie in the absence of legislation,the deviation of system implementation from the system design goal,the shortage of human resources supply and the absence of supporting security system.Among them,the implementation of the judge assistant system deviates from the system design goal,including the formalization of the operation of the judge assistant system and the difficulty of the judge assistant management separating from the administration;the shortage of human resources supply includes the limitation of the number of personnel,the aggravation of the phenomenon of personnel loss and the lack of talent training path.The fourth chapter puts forward suggestions from five aspects: improving the legal basis of the judge assistant system,improving the selection mechanism,clarifying the responsibility orientation,optimizing the allocation mode and improving the professional security of the judge assistant system,such as setting up a special judge assistant who bears the role of limited judge In order to ensure the efficient operation of the system in practice,it is necessary to implement the classified management of judge assistants,open up the promotion channels of judge assistants,and establish the human resource training mechanism of judge assistants.
Keywords/Search Tags:assistant judge, reform of judge post system, allocation of judicial personnel
Related items