論我國(guó)法官教育培訓(xùn)制度的完善
發(fā)布時(shí)間：2018-10-07 18:14
【摘要】：隨著依法治國(guó)方略的深入實(shí)施,作為法治建設(shè)主力軍的法官隊(duì)伍,在維護(hù)社會(huì)穩(wěn)定、促進(jìn)和諧社會(huì)中擔(dān)當(dāng)著越來(lái)越重要的角色。社會(huì)對(duì)法院的期望值不斷提高,人民群眾對(duì)法官的期許也不斷提升。因此,作為職業(yè)法官,要履行好公正司法的神圣職責(zé),提高職業(yè)素質(zhì)、職業(yè)良知和職業(yè)能力已顯得十分緊迫。而法官各個(gè)層面素質(zhì)的提高,必須通過(guò)長(zhǎng)期、有效、規(guī)范、嚴(yán)格的教育培訓(xùn)才能獲得,所以加強(qiáng)法官職業(yè)教育培訓(xùn)工作是提高法官素質(zhì)、良知、能力的關(guān)鍵。文章從介紹我國(guó)法官教育培訓(xùn)的發(fā)展歷程入手,同時(shí),綜合比較了國(guó)內(nèi)外法官教育培訓(xùn)的種類、目標(biāo)、方式等相關(guān)制度,分析了我國(guó)法官教育培訓(xùn)的現(xiàn)狀,對(duì)存在的法官教育培訓(xùn)體制不科學(xué)、職前教育培訓(xùn)不規(guī)范、教育培訓(xùn)內(nèi)容更新慢、教育培訓(xùn)方法單調(diào)滯后、考核制度不到位的問(wèn)題作了深入剖析,并有針對(duì)性地提出完善我國(guó)法官教育培訓(xùn)制度的一些構(gòu)想,包括以不同的側(cè)重點(diǎn)加強(qiáng)職業(yè)教育培訓(xùn),完善教育培訓(xùn)的機(jī)制和模式,建立配套改革制度等等。力圖通過(guò)制度的完善和模式的創(chuàng)新,使法官職業(yè)教育培訓(xùn)工作真正成為法官職業(yè)化建設(shè)的助推器和動(dòng)力源。 本文章一共分為四章,第一章概述國(guó)際視角下的法官教育培訓(xùn),對(duì)普通法系國(guó)家和大陸法系國(guó)家的法官教育培訓(xùn)情況作了介紹。為比較我國(guó)當(dāng)前的法官教育培訓(xùn)現(xiàn)狀做好鋪墊。 第二章我國(guó)當(dāng)前法官教育培訓(xùn)的現(xiàn)狀,通過(guò)幾年的工作數(shù)據(jù)和對(duì)國(guó)家法官學(xué)院及部分省市法院的調(diào)研情況來(lái)詳細(xì)闡述我國(guó)法官教育培訓(xùn)的類型、機(jī)構(gòu)、組織與管理以及教育培訓(xùn)的內(nèi)容和方式。 第三章我國(guó)當(dāng)前法官教育培訓(xùn)存在的問(wèn)題。根據(jù)第二章法官教育培訓(xùn)的現(xiàn)狀得出總結(jié),我國(guó)當(dāng)前法官教育培訓(xùn)存在的問(wèn)題有:教育培訓(xùn)體制不科學(xué);教育培訓(xùn)目標(biāo)不明確;教育培訓(xùn)方式不完善;教育培訓(xùn)內(nèi)容不合理。并對(duì)這些問(wèn)題進(jìn)行系統(tǒng)的分析,為第四章完善培訓(xùn)制度的建議做好鋪墊。 第四章完善我國(guó)法官教育培訓(xùn)制度的建議。針對(duì)筆者總結(jié)的問(wèn)題,為進(jìn)一步完善法官教育培訓(xùn)提出建議,即:完善法官教育培訓(xùn)管理體制,強(qiáng)化法官教育培訓(xùn)運(yùn)行機(jī)制,改善法官培訓(xùn)師資結(jié)構(gòu),強(qiáng)化法官培訓(xùn)物質(zhì)保障。 最后結(jié)語(yǔ),筆者認(rèn)為,法官教育培訓(xùn)工作是人民法院隊(duì)伍建設(shè)的基礎(chǔ)性工作。在倡導(dǎo)建設(shè)學(xué)習(xí)型法院,鍛造職業(yè)化法官隊(duì)伍,構(gòu)建和諧司法環(huán)境的新形勢(shì)下,將會(huì)賦予法官培訓(xùn)更重要的歷史使命。而法官教育培訓(xùn)制度的完善,必將促進(jìn)我國(guó)法院審判等各項(xiàng)工作健康發(fā)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.
【學(xué)位授予單位】：重慶大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2011
【分類號(hào)】：D926.2
本文編號(hào)：2255186
[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.
【學(xué)位授予單位】：重慶大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2011
【分類號(hào)】：D926.2
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，本文編號(hào)：2255186
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