司法建议初探
发布时间：2019-05-11 03:48
【摘要】：司法建议制度是我国人民司法工作创制出的一项重要制度,在以往人民法院司法的长期实践中发挥过积极的作用。司法建议作为化解矛盾纠纷、提高社会管理水平的司法服务手段,是人民法院审判职能的延伸,对于促进社会安定与和谐,增强全社会法律意识,建设法治社会,发挥了重要作用。随着社会主义和谐社会的不断进步和经济的迅猛发展,司法建议制度对我们国家的意义越发显的重要。特别是2008年下半年以来,面对国际金融危机的冲击,各级人民法院努力加强司法应对,积极的对相关社会主体发送合理化的司法建议,以能动司法的生动实践,为保增长、保民生、保稳定作出了积极贡献。可以这么说,司法建议工作,是这一时期我国人民法院工作最大的亮点。本文通过对现如今司法建议制度存在的问题,比如像：司法建议数量少、质量不高,未形成完善的管理体制；司法建议回复率低,效果不突出；司法建议没有强制性,缺乏监督落实手段；建议对象不广泛,涉及领域不平衡；建议方式相对单一等等现状的分析。从理论到实际案例,简要的对司法建议制度进行了一系列探析,对司法建议制度的发展方向,从观念的培养、理论的建设、配套制度的衔接、司法建议质量的提高、实施方法的科学性等方面提出了自己的一些见解。
[Abstract]:The judicial suggestion system is an important system created by the people's judicial work in our country, which has played an active role in the long-term practice of the people's court in the past. Judicial suggestion, as a judicial service means to resolve contradictions and disputes and improve the level of social management, is an extension of the trial function of the people's court, in order to promote social stability and harmony, enhance the legal consciousness of the whole society, and build a society ruled by law. Played an important role. With the continuous progress of socialist harmonious society and the rapid development of economy, the judicial suggestion system is more and more important to our country. In particular, since the second half of 2008, in the face of the impact of the international financial crisis, people's courts at all levels have made efforts to strengthen judicial responses and actively send rational judicial suggestions to relevant social subjects in order to ensure growth through the vivid practice of active justice. We have made positive contributions to ensuring people's livelihood and stability. It can be said that the judicial suggestion work is the biggest bright spot of the people's court work in our country during this period. This paper analyzes the problems existing in the current judicial suggestion system, such as: the quantity of judicial advice is small, the quality is not high, and a perfect management system has not been formed, the response rate of judicial suggestion is low, and the effect is not prominent. Judicial recommendations are not mandatory, lack of means of supervision and implementation; recommendations are not widely targeted, involving areas imbalance; suggestion methods are relatively single and so on. From theory to practical case, this paper briefly probes into the judicial suggestion system, and makes a series of analysis on the development direction of the judicial suggestion system, from the cultivation of the concept, the construction of the theory, the connection of the supporting system and the improvement of the quality of the judicial suggestion. Some opinions on the scientific implementation methods are put forward.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.2
本文编号：2474224
[Abstract]:The judicial suggestion system is an important system created by the people's judicial work in our country, which has played an active role in the long-term practice of the people's court in the past. Judicial suggestion, as a judicial service means to resolve contradictions and disputes and improve the level of social management, is an extension of the trial function of the people's court, in order to promote social stability and harmony, enhance the legal consciousness of the whole society, and build a society ruled by law. Played an important role. With the continuous progress of socialist harmonious society and the rapid development of economy, the judicial suggestion system is more and more important to our country. In particular, since the second half of 2008, in the face of the impact of the international financial crisis, people's courts at all levels have made efforts to strengthen judicial responses and actively send rational judicial suggestions to relevant social subjects in order to ensure growth through the vivid practice of active justice. We have made positive contributions to ensuring people's livelihood and stability. It can be said that the judicial suggestion work is the biggest bright spot of the people's court work in our country during this period. This paper analyzes the problems existing in the current judicial suggestion system, such as: the quantity of judicial advice is small, the quality is not high, and a perfect management system has not been formed, the response rate of judicial suggestion is low, and the effect is not prominent. Judicial recommendations are not mandatory, lack of means of supervision and implementation; recommendations are not widely targeted, involving areas imbalance; suggestion methods are relatively single and so on. From theory to practical case, this paper briefly probes into the judicial suggestion system, and makes a series of analysis on the development direction of the judicial suggestion system, from the cultivation of the concept, the construction of the theory, the connection of the supporting system and the improvement of the quality of the judicial suggestion. Some opinions on the scientific implementation methods are put forward.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.2
【引证文献】
相关期刊论文 前2条
1 吴欢;;行政诉讼司法建议制度研究述评[J];江苏警官学院学报;2013年01期
2 李艳;;司法能动主义视野下的我国司法建议研究[J];商;2013年04期
相关硕士学位论文 前2条
1 陈辉;行政诉讼司法建议探析[D];安徽大学;2012年
2 张念强;行政诉讼司法建议的价值及其重构[D];华东政法大学;2012年
，本文编号：2474224
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