员额制改革下的法官选任研究
发布时间：2018-08-29 16:57
【摘要】：现如今,中国法官选任制度在司法体制改革的大背景下面临着诸多问题,而现代法治国家大多强调通过培养高水平、高素质的法官队伍以寻求司法公正,但诸如法官准入门槛过低以及法官选任机制不科学等问题依旧存在。在谈及法官选任制度时,我国应坚持实事求是原则,以我国现实情况为出发点,以外国经验为借鉴,建立独树一帜且具有中国特色的法官选任制度。司法改革中的员额制所反映的就是法官的选任问题。现行我国推行的司法改革员额制就是要探索一条具有中国社会主义特色符合司法改革规律的改革之路。法官员额制要从司法审判实践中探索,但最终要服务于司法实践。当前,员额制改革试点工作正在东中西部、发达与欠发达地区分批次有序进行着,期间也暴露出了法官整体素质偏低、地域划分导致法官员额困境、不同类型法官选任难以权衡及员额制后法院工作配套机制的缺失等不少现实问题,这就需要我们要重新审视现实存在的困境的必要性。本文从我国实行司法改革员额制的现实性和必要性出发,比较域外法官选任相关制度,提出设计公平公正的员额法官科学选任方式,根据地域的不同划分员额法官案件负担,进而大胆设想提出弹性开放员额制设想,同时明确员额法官管理机制的配套,这也是当前的司法改革探索实践中必须要给予正面回答的问题。
[Abstract]:Nowadays, the system of selecting and appointing judges in China is facing many problems under the background of the reform of the judicial system. However, most modern countries under the rule of law emphasize the pursuit of judicial justice by cultivating a high level and high quality team of judges. However, problems such as low entry threshold and unscientific selection mechanism still exist. When talking about the system of judge selection and appointment, our country should adhere to the principle of seeking truth from facts, take the actual situation of our country as the starting point and take foreign experience as reference, and establish a unique system of judge selection with Chinese characteristics. The post system in judicial reform reflects the selection of judges. The current judicial reform post system in China is to explore a reform road with Chinese socialist characteristics that conforms to the law of judicial reform. Judge post system should be explored from judicial practice, but finally serve judicial practice. At present, the pilot work of post system reform is being carried out in the east, west, west and west, and in the developed and underdeveloped areas, the batch is proceeding in an orderly manner. During this period, it is also exposed that the overall quality of judges is on the low side, and the geographical division leads to the plight of judges' posts. It is difficult to weigh different types of judges and lack of supporting mechanism of court work after post system, which requires us to re-examine the necessity of the dilemma existing in reality. Based on the reality and necessity of the judicial reform in our country, this paper compares the relative system of foreign judge selection, and proposes to design a fair and fair scientific selection method of post judge, and to divide the burden of post judge cases according to different regions. Furthermore, it is a bold idea to put forward the idea of flexible and open post system, and at the same time to clarify the matching of post judge management mechanism, which is also a question that must be answered positively in the practice of judicial reform at present.
【学位授予单位】：江西财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2
本文编号：2211830
[Abstract]:Nowadays, the system of selecting and appointing judges in China is facing many problems under the background of the reform of the judicial system. However, most modern countries under the rule of law emphasize the pursuit of judicial justice by cultivating a high level and high quality team of judges. However, problems such as low entry threshold and unscientific selection mechanism still exist. When talking about the system of judge selection and appointment, our country should adhere to the principle of seeking truth from facts, take the actual situation of our country as the starting point and take foreign experience as reference, and establish a unique system of judge selection with Chinese characteristics. The post system in judicial reform reflects the selection of judges. The current judicial reform post system in China is to explore a reform road with Chinese socialist characteristics that conforms to the law of judicial reform. Judge post system should be explored from judicial practice, but finally serve judicial practice. At present, the pilot work of post system reform is being carried out in the east, west, west and west, and in the developed and underdeveloped areas, the batch is proceeding in an orderly manner. During this period, it is also exposed that the overall quality of judges is on the low side, and the geographical division leads to the plight of judges' posts. It is difficult to weigh different types of judges and lack of supporting mechanism of court work after post system, which requires us to re-examine the necessity of the dilemma existing in reality. Based on the reality and necessity of the judicial reform in our country, this paper compares the relative system of foreign judge selection, and proposes to design a fair and fair scientific selection method of post judge, and to divide the burden of post judge cases according to different regions. Furthermore, it is a bold idea to put forward the idea of flexible and open post system, and at the same time to clarify the matching of post judge management mechanism, which is also a question that must be answered positively in the practice of judicial reform at present.
【学位授予单位】：江西财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2
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