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On the Construction of Judges’ Selection System in China

Author: LiZhiBin
Tutor: XuShuPing
School: Anhui University
Course: Legal
Keywords: Judge Professionalism Judge Selection System The course of justice
CLC: D926.2
Type: Master's thesis
Year: 2010
Downloads: 61
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Abstract


Of justice require highly qualified judges. Reform and improve the selection system of judges is one of the important contents of the court personnel system reform, is also building an important guarantee of high-quality, professional judges. Judge Selection System is to provide the qualifications of judges, and the Code of Conduct of the mechanism of selection of judges, including both the contents of the the judges selection criteria and selection process for judges. Judge Selection System design is scientific and reasonable, run whether norms smooth, direct impact on the quality of the judges, also affect national jurisdiction is properly exercised and the realization of social justice. Through the establishment of a scientific and rational system of judicial selection, strict judge Occupation access conditions to standardize the selection process for judges, can effectively guarantee solid legal knowledge and extensive practical experience of outstanding legal talent, is conducive to building a high-quality, reasonable structure, innovative capacity of high-level professional judges. Currently, our judge selection system still has many problems, need to be further improved and perfected. Eligibility in the selection of judges, the junior judge, legal expertise requirements are low, the judge's legal career experience requirements is too low to judge the age requirement is not reasonable, judicial examination system also kept some imperfect place. Judge selection process, the way the Chief of the selection of judges and the local tendency is more serious, the lack of professional bodies review the selection of judges, the judge the stepwise selection system is not sound, preparatory training system for judges imperfect, and so on. From the perspective of historical development, the development of judge selection system in China has made significant progress, but the existence of these problems directly related to the improvement of the overall quality of the Court, and even affect the realization of the administration of justice. Morality, knowledge and experience is an important part of the quality of judges, but also an important guarantee of justice achieved. The modern judge should have a comprehensive knowledge of the structure, a rich social experience and judicial practice experience, excellent judicial professional competence and good moral qualities. In the process of reform of the selection system of judges, should pay attention to handling and implementation of the Civil Service Law, adhere to the party's managing cadres principle and implementation of the relationship among the younger cadres, etc., so that the judge selection system reform in the implementation of national laws and the party policies at the same time, fully embodies the characteristics of the judges' professional, in line with the direction of the modern judicial work law and socialist legal construction. Judge selection system reform in the context of advancing the reform of the judicial system should be in accordance with the requirements of the judges' professional construction, further improve the entry threshold of the judges, to standardize the procedures for the selection of judges, to broaden the judges the sources, improve the relevant supporting measures to constantly enrich and the development of the form and content of the selection system for judges, and gradually establish a scientific mechanism of judicial selection. In short, the reform and improvement of the judge selection system is a long and arduous work, the interests of all parties involved in the adjustment and integration of the elements. To follow the general laws of the judges' professional trial work closely around the central, to do judge selection system reform and the rest of the Court system building organic convergence, mutual promotion; fully learn and absorb the useful experience of the modern Western countries judge selection system based on , adhere Chinese characteristics, combined with this stage Chinese society's political, economic, cultural, and rule of law in the actual construction of the inherent requirements of the law in accordance with the judges' professional judge selection system in line with China's national conditions and the people justice needs, and gradually build.

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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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