Dołączył: 21 Lut 2011
Przeczytał: 0 tematów
|Wysłany: Pon 8:23, 25 Kwi 2011
To grassroots people's courts, the judges can be divided into filing judges, civil judges, criminal judges, administrative judges, trial judges and supervise the implementation of judges. Prosecute the parties responsible for filing the judge whether the conditions laid down three procedural review and make a decision or determination to approve or decide whether to take protective measures before litigation; civil, criminal, administrative, judicial supervision of the judge responsible for litigation under the classification hearing, render a decision; perform the work of the judges responsible for the implementation of the referee matters. For ease of presentation, this presentation will be classified as a special judge of judges.
2, specially between the judges and clerks are relatively fixed relationship. Clerk responsible for recording the case, the court clerk by the trial management organization arranged for the special judge, a clerk for several specialized judges for both services, but should be relatively fixed.
(A) the classification of judges
4, specialized judges and the President, the President, the trial Commission. Specialized judges should be subject to the President in the administrative affairs of management and leadership, the President has no right to special trial judge's case made mandatory views, but can make their own observations and recommendations of reference, whether to adopt the special judge should be their own decision. Specifically between the judges and president of a relationship between leadership and the led, the President has the right to question the case to the trial judge to comment, as comments are not accepted by the judge, and president of the Judicial Committee to discuss the decision to seek trial, Trial judges should be subject to the Commission's decision, the Presidency should obey. Court of the Judicial Committee is the body, the Judicial Committee of the implementation of collective responsibility, their decisions, judges should be implemented.
(C) of the judges and other personnel specifically the relationship between the
This part of the narrative before a concept must be clear that what is the judge? The judges are talking about here refers to the administration of justice through judicial examination or the examination system has been made before the implementation of the qualifications of judges appointed in accordance with certain procedures in the case of their trial, the implementation of a job.
Second, a judge whether to keep the proxy. The author believes that the above analysis has indicated that the qualifications of judges who have made either to perform duties of a judge, or the duty of assistant judges, assistant judges to act without a judge then set the posts.
It is to implement the System of Judges,[link widoczny dla zalogowanych], the implementation of law clerk system requirements. Classification system is based on the judge to implement the system based on Judges, Judges in place, according to the classification of the judges, the scientific establishment of the Assistant Judge, you can maximize the optimal combination of judicial resources.
2, the production of specialized judges. It should be said, a judge can qualify and be appointed as judges are two different things. Only the office of judge in a court vacancy, the qualifications of judges made the appointment after a certain procedure in order to become a judge. The selection of special judges to take To enter the sequence of judges who must first pass the national judicial examination, as more than one year after the law clerk to participate in trials organized by the Supreme People's Court of Justice professional knowledge and skills examination, examination by the two who elect to obtain Judge qualifications. When the Court is vacant or the position of judge of the Court appears demand has made judges eligible to elect the court can require a combination of their own professional expertise, a certain category of election judges. For example, person A through the National Judicial Examination, law clerk positions in the work has been after one year, but also through the trial operation of professional knowledge and skills of judicial examination, to obtain the qualifications of judges-elect, to coincide with the lack of a criminal court judge, a civil judge, then he wants from a judge as a judge-elect shall be according to their expertise and willingness to participate in the post of judge in civil or criminal judge the competition, the court examination of the way the main competitor to the merit- Judge, assessment by the court under way to determine need for flexibility, the scope of assessment, including criminal or civil expertise, presided over the hearing in such simulations, if passing the examination, he can draw the authority by the president appointed a judge, and in his Choose civil or criminal judge the work of judges. Features the work of the court, a person can only race for a special judges. Was appointed as a judge, he should at least compete in his specialized judges after a year on the job duties to other categories of competition, the judges again. Supervision combined with the characteristics of the trial judge, has served only to obtain filing judges, civil judges, criminal judges, filing judges, administrative judges, who perform the office of judge to supervise the trial judge competition.
Fourth, in relation to the membership of the Judicial Committee of the acquisition. Court of the Judicial Committee is the decision-making body, the Judicial Committee should be proficient in all aspects of trial court operations, in filing a case, criminal, civil, administrative, executive, judicial and other justice agencies have been monitoring the trial experience as a judge, not abuse taro filled up.
1, specifically the relationship between judges and assistant judges. Between them should be a closer type of cooperation, such cooperation is based on two-way choice between the two sides identified. Special judge is responsible for: presided over the trial of cases, do a good job checking facts of the case, cross-examination and certification; and case law for decisions; responsible for the drafting and issuance of Article; guidance on the implementation of law clerk and work review. Assistant is a specialized judges the judges assistant, according to the requirements of specialized judges to complete their arrangements for the trial of secondary tasks, including the service of court summons, issued a notice of proof, presided over the pretrial exchange of evidence, collection of legal information access, according to the judge issued survey evidence that the investigation and verification, for litigation costs related procedures, is responsible for the collation of files, reception and other ancillary work involved in a case. In general, an assistant special judge with a judge. Law clerk should be graduated by the legal profession, or achieved through the judicial examination but not the person appointed as a judge.
Third, supervision and evaluation of specialized judges. The daily management of specialized judges managed by the host President of the Tribunal. Special examination by the court judges the judges assessment committee, assessment committee by the president, vice president, discipline inspection, Lands department members. Specialized judges once annually to the Evaluation Commission report on his work by the Evaluation Commission of the performance of duties of the judges to deliberate. Specialized courts are recognized as competent, you can continue to serve as the office of judge; was rated as good, may allow the competition of other categories of specialized judges; is recognized as incompetent, the judge removed from his duties in accordance with procedures, reduced the judges assistant.
3,[link widoczny dla zalogowanych], specialized judges and the Full Court, the presiding judge relationship. When special judge try a case alone, is the individual jurors; to participate in the collegial panel when a collegial panel, full court hear the case and the collegiate system to implement the principle of majority, the collegial panel should remain relatively stable, full court presiding judge from the special competition in the judges.
It is the social division of labor increasingly
Established classification system of judges, the judges just seem to be classified, in fact, all aspects related to the issue the court.
First, the new On this issue, I answer is: has been appointed as a judge of the judicial examination of its personnel and by the same shall judge has been made in recognition of their qualifications. Through the hospital system if its internal organization of the examination and assessment to become a judge-designate, if the judge is vacant, which can run specialized judges, competitive success, to draw the authority by the Presidency appointed a judge. If it did not pass the exam, the judges still retain their eligibility, but to fulfill the duties of assistant judges, as judges in their re-election campaign before may not exercise jurisdiction over the case.
It is to improve the quality of judges, a necessary requirement. High quality of judges is the premise and basis of the referee, the higher the quality of judges, the judges of the higher position in the minds of most people, the stronger the judicial authority. Quality of judges should include at least the following five aspects: high professional ethics, rich cultural heritage, profound theoretical knowledge of law, skilled trial skills, excellent trial style. Compared with the above requirements, the quality of our judges still have relatively large gap: individual judges fame, the lack of basic moral standards, one has to gain, even at the hands of the trial calculations by the parties; a small number of low cultural quality of the judges , abuse of lines filled up; some judges lack of a more comprehensive understanding of legal theory,[link widoczny dla zalogowanych], little knowledge of the law; a few trial judges the ability to control is not a lack of imagination was so often the case procedural error; trial style of procrastination, Chao Shenxian handling who is a minority. Classification system is established the judge will no doubt improve the overall quality of judges to play in a particular field of expertise trial is helpful.
Classification system to establish the purpose of a judge is law clerk to the implementation of the system, the implementation of the system Judges, training experts, complex trial personnel, the establishment elite group of judges, to maximize justice, as much as possible to improve judicial efficiency .
classification system is professional, the inevitable product of elite, it is necessary to set up:
Classification system to establish the idea of judges
Four other twelve judges of the hierarchy of the establishment, in order to judge the normal channels of promotion to establish a smooth, vertical management point of view from the judge opened the door to the construction professional. However, to establish a true professional team of judges, only the vertical management is not enough, should be complemented by horizontal management, so management combined with the vertical, the judges managed to achieve scientific and systematic. Professional judges will have a real possibility. In view of this,[link widoczny dla zalogowanych], the author proposes the idea of establishing classification system of judges.
A judge the meaning of the classification system
IV classification system to establish the judges need to be resolved.
It is to improve the quality and efficiency of the trial requirements. Judicial quality, and inefficient for many reasons, a judge quality factors, but also system aspects. Now the courts are relatively common problem in all of them have a competent person trial investigators, and the types of cases can be done. As everyone knows, people have individual differences to a judge, the trial may be longer than one aspect or several aspects of the case, and other types of cases on the ability of the trial operation, the relative lack of legal knowledge to some of the preparations. Classification system to establish the premise that the judge admitted the judge's individual differences, the differences depending on the individual judges, the judges are divided into filing judges, criminal judges, civil judges, administrative judges, judicial supervision of the judge, do judges, and the like in favor of judges play to their individual strengths, promptly and impartially hear the case, which led the court to improve the overall standard of justice.
(b) the production of specialized judges
detailed requirements. With the continuous progress and development, more and more refined social division of labor, the court also did not work exception. In the past, the division of labor within the Court, only judges and the clerks division of labor between. However, with the construction of professional judges on the agenda, especially the Assistant judges sequence. Detailed division of labor so that each sequence of staff responsibilities more clearly, more specific requirements to fulfill their duties, do their best. Meet the requirements detailed division of labor, the internal sequence of the judge, the presiding judge of the court work requirements, combined with the judge's own strengths and wishes? Division of the judges is necessary.
1, the acquisition of the qualifications of judges. For now, judges are only two ways to obtain qualifications: First, facilities in the new trial before a judge made law the qualifications of judges and still meet the academic qualifications required of judges, as its ideological and political conditions has been made eligible to elect judges; The other is through the national judicial examination.
Classification system means that the judge in a court, the trial according to the classification of demand, combined with the professional characteristics of judges and I will classify the judges managed to increase the trial judge in a particular field of expertise as a judge management system. Classification of trial court in accordance with the filing requirement is, civil, criminal, administrative, judicial supervision, implementation, and other categories of the number of trial judges, professional quality, expertise and other needs.
Three judges classified management system designed
II classification system established by the judge need
classification system has the following three characteristics: First, it is within the Court of Justice of a management system, the court may need their own trials, the quality of judges to determine the classification status of more flexible management of the program,[link widoczny dla zalogowanych], approach with strong flexibility, adaptability. In contrast, the judge is the court system hierarchy management system for judges, it is very principled. Second, the judge can satisfy their own areas of expertise of the professional development needs fully. Third, it could maximize the use of judicial personnel resources to achieve elite judges.
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