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On the Professionlization of Judge of China

Author: ChenJiuSong
Tutor: LiuYanFang
School: Anhui University
Course: Legal
Keywords: Independence of the judiciary The course of justice Judges' professional Judge Professionalism
CLC: D926.2
Type: Master's thesis
Year: 2004
Downloads: 298
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Abstract

Judge Professionalism is the basic characteristics of the modern country of the rule of law, the inevitable result of the development of civilization of Justice. China is a positive from the traditional to the modern transition of developing countries, its market reforms are gradual deepening of the legislative system is also gradually on the right track. In this case, the training and professional judges has become an urgent need. The judge is an exercise of judicial power, the main countries of the principle of judicial independence, and those who take to protect the independent status of judges regarded as the core and foundation of its system. Modern rule of law in all judicial proceedings are basically implemented in order to ensure the exercise judicial authority judgment and impartial adjudication of individual judges and set judicial responsibility ultimately is borne by the individual judges, the judicial function and judicial responsibilities should be individualized. Judges' professional performance in the extension: independence, neutrality and negativity; homogenization, professional and technical characteristics. Performance connotation uniqueness thinking: transformative thinking, balanced thinking, rules thinking, procedural thinking and deterministic thinking. Today, whether it is the Department of common law or civil law countries have attached great importance to the judge system construction. Although the specific expression of different countries have different historical backgrounds, legal traditions and litigation mode, national judge system has its own distinct characteristics, but the judge system in Western countries have many common concepts and basic system embodies the modern rule of law generally requirements and general law. For example, whether the civil law countries, or common law countries have a system with the national tradition of the rule of law supporting the judge selection system, the judge security system and comply with the trial law mechanism of supervision: to establish the Independence of Judges; harsh conditions as judge ; appointment procedure is particularly strict; tight the judge security system and identity protection system such as judges, the judge's economic security system, the judge's immunity system; impeachment strict disciplinary procedures. Compared with the system of foreign judges, judicial philosophy, system, and economic dimensions of the reasons leading to the professional judges on the road facing the many contradictions and dilemmas: localization of jurisdiction set, Chief of court management, popularity of the Chief of the quality of judges in the management of judges, judicial activities, interests and influence the course of justice. If you are not able to independently use law judge, they can not be faithful to the law, be loyal to justice. The rule of law never should be excluded factors, is not with the human factor is the rule of man. Professionalization of judges is not just an ideal, but an institutional system should include at least three levels of system building. First, the attributes of the judicial decided in the framework of the government agencies in the natural vulnerable it is to have a support judges are independent in the exercise of judicial power system; Second, the judge must have a set of professional skills of appropriate dispute resolution; Third to a set of effective mechanism to prevent judges to use their powers for personal gain. To this end, the professionalization of judges can not be carried out in isolation, and echo each other and supporting start with political reform. Our judges professional development must be carried out to BU aspects: to improve the party's leadership of the administration of justice, and perfect the supervision mechanism of the National People's Congress on the court, so as to rationalize the court with the party committee, the relationship of the NPC; reform the existing judicial system to achieve trial the right to an independent and judge independently; implementation of System of Judges; reform judges elected system; reform of the security system of judges, to establish the rightful place of the judge; establish the judges vocational education and training system, and improve the professional quality of judges; Judge disciplinary system to ensure that the judge properly exercised jurisdiction. Keywords: judicial independence judicial impartiality of judges, professional judges professional

On the Professionlization of Judge of China

Abstract

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