员额制语境下法官职业保障的路径探索
发布时间：2018-10-07 19:44
【摘要】：加强法官的职业保障,既是现实的需要、也是改革的重要内容,既是权利保障的要求,也是构建法治社会的重要基础。但近年来,特别是新一轮司改启动以来,基层法院一线法官出现了辞职潮动,部分试点基层院出现不愿意报名入额的现象,这些现象和问题引起了各界的高度关注。全面推进社会主义法治建设,高素质的法官队伍是法治建设的中流砥柱,在司法改革中有着其极其重要的地位。因此,如何立足实际问题加强法官职业保障制度建设对推进“四个全面”建设至关重要。通过对法官职业保障制度进行深入研究,我们可以发现当前我国在法官职业保障方面仍存在较多问题,保障乏力。纵观世界各国的法治建设实践,法官履职的独立性是树立司法公正和司法权威的基础,而法官履职的独立性则依赖于坚实有效的法官职业保障制度。本文中,笔者以一名基层法院法官的视角,在借鉴相关理论研究成果的基础上,对法官职业保障的基本内涵及现实意义进行探讨;解读了当前我国法官职业保障存在的六大方面问题,即职业压力不小、权力保障不足、经济保障不够、身份保障不力、特权保障缺位及安全保障不到位等状况,对我国法官职业保障同国外进行理性地比对分析,力求立足于我国的国情实际,并借鉴国外的有益经验,对在全面深化改革、多方利益结构重大调整的背景下,对我国法官职业保障度提出一些应时应景的思路和想法,为推进各项改革措施特别是“员额制”和“司法责任制”的落地生根夯实基础,最终为社会主义法律制度的完善、司法权的科学有效运行及司法权威的确立作出积极贡献。
[Abstract]:Strengthening the professional security of judges is not only the need of reality, but also the important content of reform. It is not only the requirement of right protection, but also the important foundation of building a society ruled by law. But in recent years, especially since the start of the new round of division reform, there has been a tide of resignation of the first-line judges in the grass-roots courts, and some pilot grass-roots institutions have been unwilling to sign up for the amount of money. These phenomena and problems have aroused great concern from all walks of life. In order to promote the construction of socialist rule of law in an all-round way, the high quality judges are the mainstay of the construction of the rule of law and play an extremely important role in the judicial reform. Therefore, how to strengthen the construction of judges' occupational security system based on practical problems is very important to promote the "four-round" construction. Through the in-depth study of the system of professional security of judges, we can find that there are still many problems in the field of professional security of judges in our country, and the protection is weak. Throughout the world, the independence of judges is the basis of establishing judicial justice and judicial authority, and the independence of judges depends on a solid and effective professional security system of judges. In this paper, the author discusses the basic connotation and practical significance of the professional security of judges from the perspective of a basic court judge, on the basis of reference of relevant theoretical research results; This paper interprets six major problems existing in the occupational security of judges in our country, namely, the professional pressure is not small, the power protection is insufficient, the economic security is not enough, the identity security is not strong, the privilege protection is absent and the security protection is not in place, and so on. This paper makes a rational comparison and analysis between the professional security of judges in our country and foreign countries in order to base on the reality of our country's national conditions, and draw lessons from the beneficial experience of foreign countries, under the background of deepening the reform in an all-round way and adjusting the structure of various interests greatly. In order to promote the reform measures, especially the "post system" and "judicial responsibility system", the author puts forward some ideas and ideas for the professional security of judges in our country, and finally lays a solid foundation for the perfection of the socialist legal system. The scientific and effective operation of judicial power and the establishment of judicial authority make positive contributions.
【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
[Abstract]:Strengthening the professional security of judges is not only the need of reality, but also the important content of reform. It is not only the requirement of right protection, but also the important foundation of building a society ruled by law. But in recent years, especially since the start of the new round of division reform, there has been a tide of resignation of the first-line judges in the grass-roots courts, and some pilot grass-roots institutions have been unwilling to sign up for the amount of money. These phenomena and problems have aroused great concern from all walks of life. In order to promote the construction of socialist rule of law in an all-round way, the high quality judges are the mainstay of the construction of the rule of law and play an extremely important role in the judicial reform. Therefore, how to strengthen the construction of judges' occupational security system based on practical problems is very important to promote the "four-round" construction. Through the in-depth study of the system of professional security of judges, we can find that there are still many problems in the field of professional security of judges in our country, and the protection is weak. Throughout the world, the independence of judges is the basis of establishing judicial justice and judicial authority, and the independence of judges depends on a solid and effective professional security system of judges. In this paper, the author discusses the basic connotation and practical significance of the professional security of judges from the perspective of a basic court judge, on the basis of reference of relevant theoretical research results; This paper interprets six major problems existing in the occupational security of judges in our country, namely, the professional pressure is not small, the power protection is insufficient, the economic security is not enough, the identity security is not strong, the privilege protection is absent and the security protection is not in place, and so on. This paper makes a rational comparison and analysis between the professional security of judges in our country and foreign countries in order to base on the reality of our country's national conditions, and draw lessons from the beneficial experience of foreign countries, under the background of deepening the reform in an all-round way and adjusting the structure of various interests greatly. In order to promote the reform measures, especially the "post system" and "judicial responsibility system", the author puts forward some ideas and ideas for the professional security of judges in our country, and finally lays a solid foundation for the perfection of the socialist legal system. The scientific and effective operation of judicial power and the establishment of judicial authority make positive contributions.
【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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