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A Study of Judges’ Relatively Independent Personnel System

Author: LiuZeXing
Tutor: SangBenQian
School: Shandong University
Course: Legal
Keywords: Judges are independent Judge personnel system Relatively independent
CLC: D926.2
Type: Master's thesis
Year: 2009
Downloads: 22
Quote: 0
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Abstract

The topic of the Independence of Judges as one of the basic conditions of the country under the rule of law, after experiencing independence of the courts, the independence of the judicial organization mentioned in the theory and practice in front of. Relatively independent judge Personnel system as the core and foundation of the Independence of Judges, it specifically study less, and the definition of its connotations, both in theory and practice, there are a variety of different understanding, and to correctly define Personnel independent judges theoretical connotation, it must be \Compared with the relatively independent foreign judges on personnel system, you will find both in the appointments of judges and political parties, judge recruitment and optionally system, job management system of the judge or the judge's identity protection system, we are present is a considerable gap. Performance of the main problems in the current personnel system for judges: political parties and political factors that impact on the administration of justice is not up to standard; recruitment source field is too complex and not straightened out on the appointment and removal system; serving management administration and tend to be more serious; judges identity security system missing. Reform and rationalize our judges and personnel system, the most important issue is to correctly handle the judge personnel is relatively independent of the party's managing cadres principle, regardless of the view from the Communist Party of China as the sole ruling party's political reality, or the implementation of the parliament and the executive of the People's Congress system the power structure point of view, or from the low overall quality of judges in the status quo, independent judges and personnel in China are only relatively independent, and should not be independent in the full sense of the kind of Western countries. Second is to promote the system of judges hired relatively independent, reform the appointment of judges and the selection system, compared with our judges access system, we want to establish more strict access system for judges, should further narrow entrance of the judges, should also be reformed and perfect the appointment of judges and the system for selecting, managing officer of the court to carry out a sequence, and implementation of Judges, an incentive mechanism of competition. Again explore relatively independent judge job management, making a truly independent judge in job management personnel system, the specific approach is to remove the executive positions of the President, the Vice-President, the members of the CRIC, stressed that no lower administrative relationship between the judge ; establish Judge flow system; improve the the judges assessment supervision system; further perfect Judge disciplinary system. Finally, reform and improve the capacity as a judge security system to ensure that the identity change and identity of the judge lifted entities and procedures must be in accordance with the law.

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