司法体制改革背景下的法官职业保障制度研究

发布时间：2018-05-01 19:43

本文选题：法官 + 职业保障制度　；参考：《吉首大学》2017年硕士论文

【摘要】：党的十八届四中全会提出了全面推进依法治国的总目标。法官作为国家司法体系运行的主要承担者,国家法律的实际执行者,肩负着化解各类社会矛盾,维护社会公平公正的历史使命,是全面推进依法治国的重要力量。加强法官职业保障制度的建设,能提升法官的职业荣誉感,打造一支高素质的法官队伍,适应全面推进依法治国的要求;能减少外部对法官依法独立行使审判权的干预,树立法律和法官权威,让社会群众养成自觉用法尊法守法的习惯,打好全面推进依法治国的社会基础。但从现实情况来看,我国法官职业保障制度体系建立时间不长,且部分保障制度已经滞后,不能适应新形势下法官职业发展的要求。十八届三中全会将全面推进司法体制改革作为一项重要任务摆上了工作日程,而法官职业保障制度的改革作为司改的一项重要内容,也吸引了社会各界的目光。我国法官职业保障制度不是一个单行的制度,而是一个制度体系,与党委、政府、人大、法院本身等部门都有着千丝万缕的联系,也需要社会各界的支持,如今,由党中央主导的司法体制改革已全面铺开,构建和完善法官职业保障制度的思路也必须着眼于司法体制改革大局来进行全面分析和考察。以上述理论为基础,结合实际,本文通过实证研究、资料分析、比较分析等方法对我国司法体制改革背景下的法官职业保障制度进行了研究。本文包括绪论和四章。从绪论入手,结合实际分析了当前法官职业保障制度存在的问题,指出本文主要内容是在司法体制改革背景下对法官职业保障制度应“如何改”给出分析和建议,概括和总结了笔者收集到的一些与本文内容有关的文献观点。第一章主要归纳分析了法官职业保障制度的内涵和意义,指明了全文的研究对象和研究方向,点明了本文的研究意义。第二章结合实证分析法和资料分析法对我国法官职业保障制度的发展现状、现实困境及制约因素进行了述评和分析,对本轮司法体制改革中已经落地的一些保障法官权益的条文作了介绍,着重分析了《公务员法》、《法官法》等法律规定中关于法官职业保障方面的条文在我国的实际操作中与制度设计之间存在的差异及存在的不足,为下文在司改背景下有针对性地改进保障制度指明了方向。第三章侧重于理论分析,对在司改背景下改革我国法官职业保障制度的价值进行了论述,并分析了我国当前社会条件、法官的现实需求、在司改的新形势下法官职业保障制度改革需如何处理和重建与现有机制及制度的关系,利用比较分析法分析了西方发达国家法官保障制度的可借鉴之处,为改革和进一步完善我国法官职业保障制度提供合理性考量理论依据。第四章结合前三章的分析研究成果,紧扣司法体制改革总体思路,为我国在司改下的法官职业保障制度改革提出了具体措施和合理性建议。
[Abstract]:The fourth Plenary session of the 18th CPC Central Committee put forward the overall goal of comprehensively promoting the rule of law. As the main bearer of the operation of the national judicial system and the practical executor of the national law, judges shoulder the historical mission of resolving all kinds of social contradictions and maintaining social fairness and justice, which is an important force in comprehensively promoting the rule of law. Strengthening the construction of the professional security system of judges can promote the sense of professional honor of judges, build a contingent of high-quality judges, adapt to the requirements of comprehensively promoting the rule of law, and reduce external interference in the independent exercise of judicial power by judges according to law. Set up the authority of law and judge, let the public cultivate the habit of respecting the law and abide by the law, and lay a good social foundation for advancing the rule of law in an all-round way. However, from the point of view of reality, the system of professional security of judges in our country has not been established for a long time, and part of the system has lagged behind, and can not adapt to the requirements of the professional development of judges under the new situation. The third Plenary session of the 18th CPC Central Committee put forward the reform of the judicial system as an important task on the agenda, and the reform of the judges' occupational security system as an important part of the department reform also attracted the attention of all walks of life. The system of job security for judges in our country is not a single system, but a system that is inextricably linked to the party committee, the government, the people's Congress, the court itself, and so on, and also needs the support of all sectors of society. Now, The reform of the judicial system led by the Party Central Committee has been carried out in an all-round way, and the train of thought of constructing and perfecting the professional security system of judges must also focus on the overall situation of the reform of the judicial system to conduct comprehensive analysis and investigation. Based on the above theory and practice, this paper studies the system of professional security of judges under the background of judicial system reform by means of empirical research, data analysis, comparative analysis and so on. This article includes introduction and four chapters. Starting with the introduction, this paper analyzes the problems existing in the current professional security system of judges, and points out that the main content of this paper is to give an analysis and suggestions on how to reform the occupational security system of judges under the background of the reform of the judicial system. Summarized and summarized the author collected some literature views related to the content of this paper. The first chapter mainly summarizes and analyzes the connotation and significance of the judges' occupational security system, points out the research object and research direction of the full text, and points out the significance of this paper. The second chapter reviews and analyzes the present situation, the realistic predicament and the restrictive factors of the judges' job security system in our country, combining with the empirical analysis and the data analysis. In this round of judicial system reform, some articles to protect the rights and interests of judges, which have already come to the ground, are introduced. This paper emphatically analyzes the differences and shortcomings between the provisions of the Civil servant Law and the Law of judges concerning the professional security of judges in the actual operation of our country and the design of the system, such as the Civil servant Law, the Law of judges and the Law of judges, etc. For the following in the context of the Department reform targeted improvement of the security system pointed out the direction. The third chapter focuses on the theoretical analysis, discusses the value of reforming the professional security system of judges under the background of department reform, and analyzes the current social conditions and the actual needs of judges. Under the new situation of department reform, how to deal with and reconstruct the relationship between the reform of the judges' occupational security system and the existing mechanism and system, the author analyzes the reference points of the judge security system in the western developed countries by means of comparative analysis. To reform and further improve the system of professional security of judges in China to provide a theoretical basis for rational consideration. The fourth chapter combines the analysis and research results of the first three chapters, and puts forward concrete measures and reasonable suggestions for the reform of the judges' occupational security system under the department reform.
【学位授予单位】：吉首大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2

【参考文献】