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The Study on Flows between Chinese Judges and lawyers
Author: WangZuoLin
Tutor: HuangWenYi
School: Jilin University
Course: Legal Theory
Keywords: Judge Lawyer Occupational mobility Legal Community
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 94
Quote: 0
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Abstract
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Is no stranger to the selection of judges from lawyers, \Attempt began to recruit judges from lawyers since 1999, the Supreme People's Court, the subject of this cliché has caused widespread concern of the people. Although people of all concerns the relationship between judges and lawyers, but the selection of judges from lawyers appealed and practice constantly had the support of the public and the legal elite. The fundamental reason for this phenomenon is the dissatisfaction of the people on the judicial status quo, so hope that the rule of law in Britain and other countries came from the lawyer \The selection of the judges of the appeal and the practice, theory and practical for lawyers the profound view from different angles. Transplantation such a system, we have to like Mr. Zhang Zhiming question, thinking: \improve, you also need to consider is not necessary, it is possible to go so far. \lawyer's phenomenon. Special phenomenon of occupational mobility in the face of China's judges and lawyers by studying the reasons for this phenomenon, this article attempts to give some recommendations in line with China's national conditions, to the adoption of research on this subject to improve occupational mobility of our judges and lawyers the development of the legal community, and hope to drip a useful reference by the author's efforts to give the research of others. Grasp the overall paper body can be divided into four parts: the first part of the text, that is our judge and lawyer occupational mobility status analysis, first described the research object and research methods, then comb the lawyer to the judge and the judge to the lawyers this two different directions occupational mobility. The second part of the body, that of judges and lawyers of the influencing factors of occupational mobility focused analysis to influence the judge, \For the judge to the lawyers 'professional mobility factors, I try to analyze the flow of the judge to the lawyers' professional career judge and lawyer in the comparison of the four aspects of occupational stress, economic treatment, social status, job security discourse factors. To judge occupational mobility of factors that affect lawyers, I mainly identified through qualification, age, civil service examinations, qualifications evaluation mechanisms absence of four major real obstacles expounding a lawyer to the judge occupational mobility social enthusiasm high, and reality deserted. The third part of the body, namely the impact of occupational mobility of our judges and lawyers, the author analyzes described the occupational mobility of judges and lawyers on the career judge, lawyer and legal community. Through the analysis of the real impact, and clarify the current loss of judges and lawyers occupational mobility judges, lawyers, the lack of professional pride, lack of trust judges and lawyers in the legal professional community in this part of objective reality. The fourth part of the body, namely to improve our judges and lawyers recommended occupational mobility, mainly based in the theoretical study of Jilin University School of Law, income, mentor coaching as well as the author of practical experience in an internship at a law firm, on how to improve our judges and lawyers occupational mobility, and promote the development of the legal profession to make some suggestions. Discussed in the reality of our judges and lawyers occupational mobility, affecting factors affecting the results of the analysis basically improve the treatment of judges, the selection of outstanding lawyers any judge, regulate judges resign lawyer, legal belief cultivate these four The proposed recommendations to improve our judges and lawyers occupational mobility.
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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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