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Assessment Of The Performance Evaluation Of Judges In Primary Courts

Posted on:2023-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:R Y PanFull Text:PDF
GTID:2556306620484574Subject:legal
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This paper argues that,under the background of the Reform of the Functional Orientations of Courts Structured in Four-Tier System,the Diversified Dispute Resolution,the Litigation Source Governance,the Prioritization of Non-litigation Disputes Resolution Mechanism,and the Substantive Settlement of Disputes,the primary courts how to maximize the role of judicial functions and promote the Diversification and Substantive Settlement of Disputes on the historic task.It is of practical importance and urgency to reform the Judges’Performance Evaluation System of primary courts.In the first part of this article,introduce the importance and necessity of Judges’Performance Evaluation System of the primary courts.Facing the situation of "too many cases and too few judges" and the crisis of judicial confidence,the courts start management and performance evaluation system,giving full play to the functions of this system,like promoting wholesome competition among judges,improving the specialization of judges,the function of the Administration of Trials and the Personnel Management.Due to the primary courts are the nerve terminal of the court system,disputes are mostly concentrated in courts at this level.Also,in the county party system,the primary courts actively participate in the reforms of social governance what the party committee mainly catches on,represented by the Diversified Dispute Resolution and the Litigation Source Governance.And that plays an significant role.The second part in this paper,through the ways of empirical investigation,basing on the applied analysis of Judges’ Performance Evaluation System of the primary courts,for example,the evaluation targets,the evaluation contents,the evaluation organization,the evaluation procedure and the evaluation result.Some primary courts overlook that disputes are diversified and thoroughly resolved,and pay major attention to the evaluation of litigation judgment.The third part of this paper,the dilemmas and causes of the system are analyzed.The theory of the Diversified Dispute Resolution and the Litigation Source Governance are new things.It leads to that the new primary social governance pattern under its leadership is developing,has not been yet formed.It interprets the administrative inertia of the primary courts,which still around the trial center,adjust the assessment strategy without delay.What’s more,since the performance evaluation system is data-oriented,the third party evaluation mechanism hasn’t been introduced,what results to lower authenticity and objectivity of performance evaluation system.Also,the new dynamic judicial development requires to expand the functions and composition of judges’ teams,trial resources tilting to pretrial trial mediation.So,these constitute the two premises for studying the Judges’ Performance Evaluation System.The fourth part in this paper,trying to reconstruct the independent and simplified evaluation design system of judges.In fully understanding judges’ professional honor,shame and needs in the sense of work,exploring and building the new Judges’ Performance Evaluation System in theory that considering judges first,encouraging Judges to fully-involve.A third party appraisal institution is involved.
Keywords/Search Tags:Primary Courts, the Judges’ Performance Evaluation System, the Diversified Dispute Resolution, the Litigation Source Governance, Substantive Settlement of Dispute
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