论法官的执业风险与防范

发布时间：2018-04-22 21:40

本文选题：法官 + 执业风险　；参考：《海南大学》2017年硕士论文

【摘要】：法官执业风险是指与法官职业相伴随的,对法官生存和发展产生的一系列负面影响的行为和环境等不利因素的总和。十八大以来,随着我国司法体制改革在不断推进和深入,被称为"矛盾终结者"的法官也再次成为争议焦点。人民法官本是个备受尊敬、最值得信赖的职业群体,因为他们担负着主持公道、释明法理、化解纠纷的重要职责。但近些年来,全国各地出现了多起侵害法官人身权及其他相关权益的事件,以及各地法院系统频频报出的青年法官大量离职的消息,让人忍不住想要探寻其背后的真实原因。鉴于此,本文在文献研巧与综合分析的基础之上对法官职业风险与防范进行解读与探讨。全文分为四个部分:第一部分是对法官的执业风险的构成要素和基本特征的分析。其中,技术性风险、人身安全风险、廉洁性风险、司法体制风险共同构成了法官职业风险。综合以上风险发生规律可知法官风险为职业固有且不可避免,发生地点、发生方式及发生时间都具有不确定性,且多发生在基层法院。第二部分是对法官执业风险表现方式和负面影响的归纳。在特殊的历史背景和司法环境的演变下,法官面临的职业风险越来越多样化,给我国司法改革快速前进的路上平添了一些阻力,不仅不利于法官队伍的建设,而且有损司法公信力。第三部分是对法官执业风险出现的主客观原因的一些解读。我国自古就是皇权社会,"人治"思想根深蒂固,司法体制尚不完善。因而,法官专业素养不高、司法权地方化和行政化等一系列主客观因素共同引发了法官职业风险。第四部分是对如何有效防范和降低法官执业风险的措施的探讨。面对法官们身处的真实风险,我们的呼吁不能仅止于谴责。而是需要社会各界共同参与、多方位预防和排除风险的发生。确保法官公正办案不受干扰和侵害,并最终为将我国建设成为一个现代化法治国家铺平道路。
[Abstract]:The professional risk of judges refers to the sum of adverse factors, such as behavior and environment, which are accompanied by the profession of judges and have a series of negative effects on the survival and development of judges. Since the 18th National Congress of the CPC, along with the reform of the judicial system in our country is advancing and deepening, the judge who is called the "contradiction Terminator" has become the focus of controversy again. The people's Judge was a highly respected and trusted professional group who had an important duty to uphold justice, to explain the law, and to resolve disputes. However, in recent years, there have been a number of violations of the personal rights of judges and other related rights and interests in various parts of the country, as well as a large number of news reports from the local court systems about the departure of young judges, which makes people want to find out the real reasons behind them. In view of this, this paper interprets and discusses the professional risk and prevention of judges on the basis of literature research and comprehensive analysis. The paper is divided into four parts: the first part is the analysis of the constituent elements and basic characteristics of the judge's practice risk. Among them, technical risk, personal security risk, probity risk and judicial system risk constitute the professional risk of judges. Synthesizing the above risk occurrence law, we can know that the judge risk is inherent and inevitable, the place of occurrence, the way of occurrence and the time of occurrence are all uncertain, and most of them occur in the basic court. The second part is to judge the practice risk expression way and the negative influence induction. Under the special historical background and the evolution of the judicial environment, the professional risks faced by the judges are becoming more and more diversified, which has added some resistance to the rapid progress of the judicial reform in our country, and not only is not conducive to the construction of the ranks of judges. And damage to the credibility of the judiciary. The third part is the subjective and objective reasons for the emergence of the risk of judge practice. China has been a imperial society since ancient times. The thought of "rule by man" is deeply rooted, and the judicial system is not perfect. Therefore, a series of subjective and objective factors, such as low professional quality of judges, localization and administration of judicial power, together lead to professional risks of judges. The fourth part is how to effectively prevent and reduce the risk of judges practice measures. In the face of the real risks that the judges are in, we call for more than condemnation. It needs the participation of all walks of life and the prevention and elimination of risks. To ensure that judges will not be interfered with and infringed on just handling cases, and finally pave the way for building our country into a modern country ruled by law.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2

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