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UM E-Theses Collection (澳門大學電子學位論文庫)

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Title

論中國內地法官職業化考評機制之構建 = A study on the evaluation mechanism of judges' professionalization in mainland China

English Abstract

A Study on the Evaluation Mechanism of Judges' Professionalization in Mainland China Abstract Under the influence of historical tradition and the progress of rule of law, the judge group in our country has long been viewed as common civil servants. The evaluation methods of judges has strong administrative overtones, which are not compatible to the characteristics of judicial regulations and the profession of judges and become a major obstacle when judges work on cases independently and legitimately. At present, China is vigorously promoting a comprehensive framework of the rule of law. A new round of judicial reform is in an orderly manner. The judicial reform measures centered on judges' professionalization, such as judge quota system, separate management of judges and judicial responsibility system, have been implementing step by step, providing favorable opportunities for the reform and improvement of judges' evaluation system. This paper analyzes the positive influence which is brought about by those measures to the judges' evaluation, and from the perspectives of judicial autonomy and the characteristics of the profession of judges, readjusts and optimizes the organization subject, evaluation type, evaluation content, operation process and the application of the results of judges' evaluation. It is hoped that the above study can draw the attention of theoretical law circle and practical law circle to this problem, propel the eventual establishment of high standard judges' evaluation system and achieve judicial equality, judicial justice and judicial authority. Key words: Judicial reform; Judge; Evaluation.

Chinese Abstract

論中國內地法官職業化考評機制之構建 中文摘要 受歷史傳統和法治進程的影響,長期以來我國法官群體被當做一般公務員看待,法官的考評方式也帶有濃厚的行政化色彩,不符合司法規律和法官職業特點,也成為法官依法獨立辦案的一大障礙。當前我國正在大力推進全面依法治國建設,新一輪的司法體制改革有序推進,以法官員額制、法官單獨序列管理和司法責任制等圍繞法官職業化展開的司法改革措施的已逐步落實,為改革和完善法官考評制度提供了有利契機。本文嘗試梳理分析這些措施給法官考評帶來的積極影響,從法官自治和法官職業特點出發,重新調整和優化法官考評的組織主體、考評類型、評價內容、運作程序和結果運用,以期通過這些思考,引起法學理論界和實務界同仁們對該問題的關注,推動我國最終能建成高標準的法官考評體系,實現司法的公平、公正和權威。關鍵字:司法改革,法官,考評

Issue date

2017.

Author

路繼成

Faculty

Faculty of Law

Degree

LL.M.

Subject

Judges -- Rating of -- China

法官; 法官法規 -- 評級 -- 中國

Supervisor

蔣朝陽

Files In This Item

Full-text (Internet)

Location
1/F Zone C
Library URL
991005837259706306