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Dean or legal ? - Trial implementation of the Independence of Judges _1032
Who is the judge's boss? Dean or legal? - Trial implementation of the Independence of Judges

Court, the judge's role in terms of judicial power, executive power is different from six weight characteristics: passive, process, neutrality, review of, judgmental, finality. Passive behavioral characteristics of that jurisdiction, the procedural rights that it acts, neutrality is its role, the review is part of its behavior, to judge of its power, its ultimate effectiveness. For a long time, in our country within the Court, only the administrative preparation, the preparation is not the judge,[link widoczny dla zalogowanych], which makes the court system put on a strong executive management of the colors. First, the local courts at all levels set up by administrative division; judges of local courts by the local Party committees at all levels of management, the higher people's court party co-management; court requirements charged by the same level people's government, the phased implementation Court of human, financial, material and so the hands of local hands,[link widoczny dla zalogowanych], the Role of the Court error, so that the direct and indirect interventions, so that judicial independence can only stay in the literal, verbal, as a ⑦ Zhou Luan editor: 159 Law Review 2002 4 Second, within the Court, has long formed a President, the President approved the Commission to discuss the case review system and the decision system. This makes the actual trial judge's decision is not final decision, the President, the President, the CRIC has not participated directly determine the trial judge of the case, the judge will impose his own views, in fact, those sentenced without trial,[link widoczny dla zalogowanych], the trial are not sentenced to But also contrary to the principle of avoiding the principles and direct language. Since the preparation of a judge is not set, so the management of the civil service of the judge, the judge's personal promotion, rewards and punishment leadership decided by the Court, the judge's role is also deviations, had to Supreme Court President of the Court Although the surface is to make the current de facto for the executive leadership to the hospital responsible for all trial issues. On the other hand,[link widoczny dla zalogowanych], if the president of a capricious and arbitrary does not say in the case, but by the trial judge direct the referee, if this resignation to president, but only a means for judges to use administrative demerit, warning that is Professor Xu Xianming said ⑧ the shackles of the traditional judicial system and courts, judges the role of fault location, a serious impediment to the realization of judicial independence, affecting the realization of justice. Fifth, to the only judges are subject only to the boss - the law in the management, the overall work of the competent court of the Court, but that does not make the dean's boss to become a judge. The value of judicial independence in order to achieve objectives - independent trial judges, it is necessary to change the current president and other leaders of the judge's control and management of all aspects, including the appointment and removal of qualifications, wages and so on. To create a fair system of judicial selection and appointment and removal, and the successful experience from abroad, given the post of judge for life. Must also increase administrative intervention in the courts of the Take place under the jurisdiction of the real specific trial judge to reduce intermediate links of improper interference. Some local courts have already started practice. Reforms such as Guangzhou Maritime Court that won the legal theory and practice sectors applause. The reforms include: the abolition of assistant judges in the case of jurisdiction, he was named assistant judges to assist the judges in procedural and transactional work; @ CRIC no longer judge the case, but the full court will be put under full power until the judges; ④ documents the administration of justice is no longer labeled as the principle of responsibility. We believe that with the deepening of reform, the concept of independent trial judge enjoys popular support, the principle of judicial independence will truly serve the realization of justice. (Editor: Liu Zhubin) ⑧ ⑨ This has been included in the @ Of course, some scholars believe that this practice does not match the existing provisions of the three procedural law. Look forward to constitutional law by modifying the existing laws leaving the rational, scientific approach legalized. 160
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