论我国法官教育培训制度的完善

发布时间：2018-10-07 18:14

【摘要】：随着依法治国方略的深入实施,作为法治建设主力军的法官队伍,在维护社会稳定、促进和谐社会中担当着越来越重要的角色。社会对法院的期望值不断提高,人民群众对法官的期许也不断提升。因此,作为职业法官,要履行好公正司法的神圣职责,提高职业素质、职业良知和职业能力已显得十分紧迫。而法官各个层面素质的提高,必须通过长期、有效、规范、严格的教育培训才能获得,所以加强法官职业教育培训工作是提高法官素质、良知、能力的关键。文章从介绍我国法官教育培训的发展历程入手,同时,综合比较了国内外法官教育培训的种类、目标、方式等相关制度,分析了我国法官教育培训的现状,对存在的法官教育培训体制不科学、职前教育培训不规范、教育培训内容更新慢、教育培训方法单调滞后、考核制度不到位的问题作了深入剖析,并有针对性地提出完善我国法官教育培训制度的一些构想,包括以不同的侧重点加强职业教育培训,完善教育培训的机制和模式,建立配套改革制度等等。力图通过制度的完善和模式的创新,使法官职业教育培训工作真正成为法官职业化建设的助推器和动力源。本文章一共分为四章,第一章概述国际视角下的法官教育培训,对普通法系国家和大陆法系国家的法官教育培训情况作了介绍。为比较我国当前的法官教育培训现状做好铺垫。第二章我国当前法官教育培训的现状,通过几年的工作数据和对国家法官学院及部分省市法院的调研情况来详细阐述我国法官教育培训的类型、机构、组织与管理以及教育培训的内容和方式。第三章我国当前法官教育培训存在的问题。根据第二章法官教育培训的现状得出总结,我国当前法官教育培训存在的问题有:教育培训体制不科学;教育培训目标不明确;教育培训方式不完善;教育培训内容不合理。并对这些问题进行系统的分析,为第四章完善培训制度的建议做好铺垫。第四章完善我国法官教育培训制度的建议。针对笔者总结的问题,为进一步完善法官教育培训提出建议,即:完善法官教育培训管理体制,强化法官教育培训运行机制,改善法官培训师资结构,强化法官培训物质保障。最后结语,笔者认为,法官教育培训工作是人民法院队伍建设的基础性工作。在倡导建设学习型法院,锻造职业化法官队伍,构建和谐司法环境的新形势下,将会赋予法官培训更重要的历史使命。而法官教育培训制度的完善,必将促进我国法院审判等各项工作健康发展。
[Abstract]:With the further implementation of the strategy of governing the country according to law, the judges, as the main force in the construction of the rule of law, play an increasingly important role in maintaining social stability and promoting a harmonious society. Society's expectations for the courts are rising, and so are the people's expectations of judges. Therefore, as a professional judge, it is urgent to fulfill the sacred duty of just justice, improve professional quality, professional conscience and professional ability. The improvement of judges' quality at all levels must be obtained through long-term, effective, standardized and strict education and training, so strengthening the work of judges' vocational education and training is the key to improve the judges' quality, conscience and ability. This paper begins with the introduction of the development of judges' education and training in our country. At the same time, it comprehensively compares the relevant systems of judges' education and training both at home and abroad, and analyzes the present situation of judges' education and training in our country. The problems such as unscientific system of judges' education and training, non-standard pre-service education and training, slow updating of education and training contents, monotonous training methods and inadequate assessment system are deeply analyzed. It also puts forward some ideas to perfect the system of education and training of judges in our country, including strengthening vocational education and training with different emphasis, perfecting the mechanism and mode of education and training, establishing the supporting reform system, and so on. Through the perfection of the system and the innovation of the mode, the work of professional education and training of judges can become the booster and power source of the construction of judges' professionalization. This article is divided into four chapters. The first chapter summarizes the training of judges from the international perspective and introduces the training of judges in common law countries and civil law countries. In order to compare the current situation of education and training of judges in China. The second chapter is the current situation of judges' education and training in our country. Through the work data of several years and the investigation and investigation of the national judges' colleges and some provincial and municipal courts, this chapter elaborates in detail the types and institutions of judges' education and training in our country. Organize and manage the contents and methods of education and training. The third chapter is about the problems existing in the education and training of judges in our country. According to the second chapter of the status quo of judges' education and training, the problems of our country's current judges' education and training are: the system of education and training is not scientific; the goal of education and training is not clear; the way of education and training is not perfect; the content of education and training is unreasonable. And carries on the systematic analysis to these questions, for the fourth chapter consummates the training system suggestion to do a good job. The fourth chapter consummates our country judge education and training system suggestion. In view of the problems summarized by the author, some suggestions are put forward to further improve the training of judges, that is, to perfect the management system of judges' education and training, to strengthen the operational mechanism of judges' education and training, to improve the structure of judges' training teachers, and to strengthen the material guarantee of judges' training. Finally, the author thinks that the education and training of judges is the basic work of the construction of the people's court. Under the new situation of advocating the construction of learning-type courts, forging professional judges and constructing a harmonious judicial environment, the training of judges will be given a more important historical mission. The perfection of judge education and training system will promote the healthy development of our country's court trial and other work.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.2

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