我国法官职业安全问题研究
发布时间：2018-12-12 12:34
【摘要】：当今社会面临的是深刻的变革与社会转型,司法作为矛盾纠纷解决机构,处于调处社会矛盾的中心。法院在承担着巨大的压力的同时,也面临着严重的公信力危机,法官是法院当中解决矛盾纠纷的实践裁判者和操作者,担负着化解矛盾、缓解矛盾,法官承担的审判职责和解决纠纷的任务,也就被推向社会矛盾争执与冲突的浪头。社会经济发展的速度不断加快,促使利益形式多样化,纠纷增多,利益对抗和矛盾被激化愈加严重,人民法院需调解的社会矛盾纠纷更为繁杂,任务加倍繁重,因此面对的工作风险也日趋严峻,暴力威胁、打骂法官甚至戕害法官的新闻不断发生,这些行为的危害相当恶劣,引发了全社会的强烈关注。生命权和健康权是最基本的人权,职业安全是保障法官履行责任最基本的保障措施,法官作为一名法律执业者,依法审理案件,承担化解社会纠纷,维护法律尊严,维护社会稳定的神圣使命。同时,法官的责任和义务也使他们面临各种风险,如利益对立和矛盾激化,伴随着社会经济的快速发展,法官承担的工作风险也日趋加多。法官的职业安全值得关注,安全得到保障,法官们才能安心努力工作,认真的履行职责。各种侵害法官职业安全的事件屡屡出现,说明我国的法官职业安全保护的制度存在不足之处,实际运转工作需要进一步改善。法官职业安全问题不是我国独有,其他各国也有此类问题的发生,引起社会的广泛关注,各国在保护法官职业安全的道路上不断探索,根据各国的国情采取各自不同的策略,本文以典型的国家为代表,来论述其法官职业安全保障的其中值得我们借鉴与学习的措施,对我国的借鉴意义。我国近年来法官职业安全受到威胁的热点案件频频出现在公众的视野当中,司法改革的进程也在一步步的推进,法官的职业安全保障也是其中的重点工作。本文就典型案例的发生,结合案件发生的特点,论述相关问题频发的原因并分析保障法官人身安全的需要。法官职业安全的重要意义在与能保证法官公平、公正办案,提升法官团体职业荣誉感,提高法院文书的公信力以及法院的司法公信力,不断推进我国法治化进程。在结合国外一些成熟经验的基础上,从我国法官的职业安全保障现实情况出发,为加强与完善有关法官职业安全保护制度,在立法、司法、社会等方面提出了一些建议。立法层面完善法官职业安全保障的法律完善;司法层面配备法官安全警卫、进行职业安全风险评估、加强法官安全应急处理和法官安全教育的培训;社会层面进行舆论宣传引导,提高人们法律信仰,提倡尊重法官,信仰法律等。通过维护法官的职业安全,提高法官的职业积极性,增强人们信仰法律、尊重司法的意识,推进法治的进程,从而维护多矛盾激发的社会的稳定。
[Abstract]:Today's society is facing profound changes and social transformation, judicial as a dispute settlement agency, is in the center of social contradictions. While the court is under great pressure, it is also facing a serious crisis of credibility. The judge is the practical judge and operator of resolving contradictions and disputes in the court, bearing the burden of resolving contradictions and alleviating contradictions. Judge's judicial duty and the task of resolving disputes are pushed to the wave of social contradictions and conflicts. The speed of social and economic development has been speeding up, resulting in the diversification of interest forms, the increase in disputes, the intensification of interests confrontation and contradictions, the more complicated social disputes that people's courts need to mediate, and the heavier the task. Therefore, the work risks are becoming more and more serious, the threat of violence, the abuse of judges and even the killing of judges continue to occur, the harm of these acts is very bad, which has aroused strong concern of the whole society. The right to life and the right to health are the most basic human rights, and occupational safety is the most basic safeguard measure to ensure the performance of the duties of the judge. As a legal practitioner, the judge, as a legal practitioner, tries cases according to law, undertakes to resolve social disputes, and maintains the dignity of the law. The sacred mission of maintaining social stability. At the same time, the responsibilities and obligations of judges also make them face various risks, such as interests antagonism and contradictions intensified, with the rapid development of social economy, judges bear more and more work risks. The occupational safety of judges is worth paying attention to and ensuring that judges can work hard and perform their duties conscientiously. The occurrences of various incidents against the occupational safety of judges show that the system of occupational safety protection of judges in our country has shortcomings and the actual operation needs to be further improved. The problem of professional safety of judges is not unique to our country. Other countries also have this kind of problem, which causes widespread concern of the society. Countries are constantly exploring the way to protect the occupational safety of judges, and adopt different strategies according to the national conditions of each country. This article takes the typical country as the representative, discusses its judge occupational safety safeguard which is worth our reference and the study measure, the reference significance to our country. In recent years, the hot cases which threaten the occupational safety of judges frequently appear in the public view, the process of judicial reform is also advancing step by step, and the occupational safety of judges is also the key work. Based on the typical cases and the characteristics of the cases, this paper discusses the causes of the frequent occurrence of related problems and analyzes the need to ensure the personal safety of judges. The important significance of the occupational safety of judges is to ensure the fairness of judges, to deal with cases fairly, to promote the sense of professional honor of judges' groups, to improve the credibility of court documents and the credibility of courts, and to continuously promote the process of rule of law in our country. On the basis of some mature experience of foreign countries, this paper puts forward some suggestions in the aspects of legislation, judicature and society in order to strengthen and perfect the system of occupational safety protection for judges in our country, based on the actual situation of occupational safety protection of judges in our country. At the legislative level, we should perfect the law of judges' occupational safety, and the judicial level should be equipped with judges' security guards, carry out occupational safety risk assessment, strengthen the training of judges' safety emergency management and judges' safety education. At the social level, we should propagate and guide public opinion, improve people's legal belief, respect judges, believe in law, and so on. By maintaining the occupational safety of judges, improving the professional enthusiasm of judges, strengthening people's belief in the law, respecting the sense of justice and promoting the process of ruling by law, the social stability inspired by various contradictions can be maintained.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2
本文编号：2374557
[Abstract]:Today's society is facing profound changes and social transformation, judicial as a dispute settlement agency, is in the center of social contradictions. While the court is under great pressure, it is also facing a serious crisis of credibility. The judge is the practical judge and operator of resolving contradictions and disputes in the court, bearing the burden of resolving contradictions and alleviating contradictions. Judge's judicial duty and the task of resolving disputes are pushed to the wave of social contradictions and conflicts. The speed of social and economic development has been speeding up, resulting in the diversification of interest forms, the increase in disputes, the intensification of interests confrontation and contradictions, the more complicated social disputes that people's courts need to mediate, and the heavier the task. Therefore, the work risks are becoming more and more serious, the threat of violence, the abuse of judges and even the killing of judges continue to occur, the harm of these acts is very bad, which has aroused strong concern of the whole society. The right to life and the right to health are the most basic human rights, and occupational safety is the most basic safeguard measure to ensure the performance of the duties of the judge. As a legal practitioner, the judge, as a legal practitioner, tries cases according to law, undertakes to resolve social disputes, and maintains the dignity of the law. The sacred mission of maintaining social stability. At the same time, the responsibilities and obligations of judges also make them face various risks, such as interests antagonism and contradictions intensified, with the rapid development of social economy, judges bear more and more work risks. The occupational safety of judges is worth paying attention to and ensuring that judges can work hard and perform their duties conscientiously. The occurrences of various incidents against the occupational safety of judges show that the system of occupational safety protection of judges in our country has shortcomings and the actual operation needs to be further improved. The problem of professional safety of judges is not unique to our country. Other countries also have this kind of problem, which causes widespread concern of the society. Countries are constantly exploring the way to protect the occupational safety of judges, and adopt different strategies according to the national conditions of each country. This article takes the typical country as the representative, discusses its judge occupational safety safeguard which is worth our reference and the study measure, the reference significance to our country. In recent years, the hot cases which threaten the occupational safety of judges frequently appear in the public view, the process of judicial reform is also advancing step by step, and the occupational safety of judges is also the key work. Based on the typical cases and the characteristics of the cases, this paper discusses the causes of the frequent occurrence of related problems and analyzes the need to ensure the personal safety of judges. The important significance of the occupational safety of judges is to ensure the fairness of judges, to deal with cases fairly, to promote the sense of professional honor of judges' groups, to improve the credibility of court documents and the credibility of courts, and to continuously promote the process of rule of law in our country. On the basis of some mature experience of foreign countries, this paper puts forward some suggestions in the aspects of legislation, judicature and society in order to strengthen and perfect the system of occupational safety protection for judges in our country, based on the actual situation of occupational safety protection of judges in our country. At the legislative level, we should perfect the law of judges' occupational safety, and the judicial level should be equipped with judges' security guards, carry out occupational safety risk assessment, strengthen the training of judges' safety emergency management and judges' safety education. At the social level, we should propagate and guide public opinion, improve people's legal belief, respect judges, believe in law, and so on. By maintaining the occupational safety of judges, improving the professional enthusiasm of judges, strengthening people's belief in the law, respecting the sense of justice and promoting the process of ruling by law, the social stability inspired by various contradictions can be maintained.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2
【参考文献】
相关硕士学位论文 前4条
1 杨旺益;当前司法理念下法官人身权益保障问题研究[D];兰州大学;2016年
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3 曹亮;我国法官权益保障研究[D];华东政法大学;2016年
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