Dissertation > Excellent graduate degree dissertation topics show

Trial Organization Studies

Author: YuZhongXing
Tutor: ChengTao
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Trial organization Sole tribunal Collegial panel Judicial Committee Career judge
CLC: D926.2
Type: Master's thesis
Year: 2008
Downloads: 168
Quote: 3
Read: Download Dissertation

Abstract

Exercise of any power are inseparable from the protection of the organization, the administration of justice is no exception. Trial organization is effectively run by the judicial power, carrier and an important guarantee. At present, China's ongoing judicial reform, judicial organization is the question of reform, the proper meaning. Because, there is no scientific and rational judicial organization, there is no fair and efficient judicial activities, it is difficult to make the parties to produce to convince the judicial authority. Supreme People's Court in the second five-year reform Outline (2004-2008) clearly stated the objectives of the reform of the judicial organization, reform and improve the judicial organization and trial institutions, to achieve the organic unity of trial and sentence. In this paper, the concept of judicial organization and analysis of several common forms of judicial organization and type, a brief introduction of the judicial organization and its conditions of existence of the developed countries and Taiwan, China, mainly summarizes the main problems of current trial organization, the reason for the existence of these problems, then according to relevant theory and practice of reform and improve China's judicial organization form opinions and suggestions, and finally elaborated the 'perfect system to protect China's judicial organization. Specifically, the article is divided into five parts: an overview of the first part of the judicial organization. I proceed from the judicial trial of these two concepts to define the concept and content of the trial organization, and then analyzes the world's remaining four major type of judicial organization, as defined in them the concept of composition in the form and scope of the final discourse trial organization reform and judicial reform. The second part is an overview of the foreign and Taiwan region judicial organization. By type, the author introduced a sole system, the applicable conditions of the collegiate system, and a jury of all the major countries and regions, described in detail the scope and characteristics of each of the different trial organizations in various countries, and a brief evaluation. The third part is the analysis of the problems and the reasons for China's judicial organization. The sole tribunal to save judicial resources and to improve trial efficiency, and enhance the judge's responsibility, but our sole tribunal may also narrow the scope of application, the advantages can not play to the Full Court into the provisions of unknown defects. Collegial panel have to play to the collective wisdom, judicial supervision, to ensure judicial integrity, and other advantages of a collegial panel there are also trial a mere formality, the collegial panel members did not fulfill the responsibilities of power, the collegiate bench pro forma, going through the motions, the collegiate bench trial was not independent and other issues . The judicial committee will help unify the laws of the jurisdiction applicable standards, maintaining the status of an independent trial of the Court of improving the quality of trial of cases, but there are also with litigation of the basic principles and the system is contrary to administrative strong color, lack of professionalism and problems. The fourth part of the reform and improve China's judicial organization. Should be appropriate for the sole tribunal to expand its scope, strengthen supervision and strict control of the sole tribunal to the Full Court of the conversion. The collegial panel shall be the gradual abolition of handling the case system, the independence of judges, the establishment of relatively stable fixed collegial panel to ensure the relative stability of the collegial panel members to correctly handle the relationship between the collegiate bench with the judicial committee, strict review process, and strengthen legal supervision of the full court. Judicial Committee should strengthen macro guidance of the Judicial Committee, to gradually reduce the number of cases of the judicial committee, and enhance transparency in the running of the CRIC, the establishment of the CRIC members avoidance system to absorb professional judicial personnel to participate in the Judicial Committee of the Judicial Committee of the professional and flexibility. Part V of the system security for the Improvement of judicial organization. First of judicial administration and should be abolished, the implementation of the professionalism of judges, including judges professional access system, strict control of the judge's career access, enhance the job security of judges and improve the treatment of judges, to improve the disciplinary system for judges to ensure judicial conduct purity . Second, we should improve the jury system, including reducing conditions and qualifications of jurors, to improve the representativeness of the juror, the juror of the people the legislative level, the enactment of the \members of the tenure system, clear duties and powers of the jurors in the trial to ensure that the jurisdiction of the jurors was \

Related Dissertations

Improvements of Judicial Committee System,D926.2
Study on Collegiate Bench Development,D925.2
Attorney attendance at the same level on improving people's courts Reflections committee system,D926.34
The Committee System,D926.2
Research on the Reform of China’s Judicial Organization System,D926.2
On the Improvement of Trial Organization,D926.2
Judicial Committee System,D926.2
Survey functioning judicial committee,D926.2
Research on Civil Judicial Organization of Local Courts in Chinese Mainland,D925.1
On Judge Assistant System Establishment and Perfection,D926.2
The sole system in Civil Proceedings,D915.2
On the Judicial Power Structure and Its Optimization,D926
On Abolishment of Judicial Committee,D926
A Study on the Allocation of Civil Execution Power,D925.1
The trial independent research in the Late Qing Dynasty,D929
Career judge research,D916.2
On the Reforming and Improving for the Domestic System of Judicial Committee,D926.2
Judicial Committee of,D926.2
Judicial committee system research,D926.2
Judge Professionalism Reform cons analysis,D916.2