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法官独立法律论文

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 法官独立法律论文

法官独立法律论文

引言::法官是法律由精神王国进入入现实王国控制社会生活的大大门,法律借助于法官而降临临尘世。这是20世纪著名法法哲学家和刑法学家拉德布鲁鲁赫在其著作《法学导论》中中的经典论断。法官即是法律律的化身,法律借助于法官为为大家所感受和认知。因而,,司法的独立最终要籍由法官官的独立而实现,法官独立是是司法独立的最高形态。正如如意大利民诉法学家卡佩莱特特所说:\”司法独立本身不不具有终极价值;它本身不是是一种目的,而只是一种工具具性价值,它的最终目的是确确保另一价值的实现--法官官公正而无偏私地解决争端\\”。没有独立的法官便没有有独立的司法,独立的、不受受

反观我国现今法官独立的现现状却并不令人乐观。我们的的周边还有一些影响法官独立立的因素存在,如陕西省富平平县法院法官王亚光,因为\\”抗上\”而被无情免职,,奔走7年,至今仍待岗在家家;河北省卢龙县法院前院长长贾庭润因为拒绝按照\”上上面\”的意思定案被革去院院长职务赶出法院。这些活生生生的案例带给我们的远远不不止是一声哀叹和几丝无奈,,更应该是对当前我国法官独独立状况的深深思考和深入探探讨。

--透视视地方干预下法官独立的现状状

\””上级\”指示-法官的两难难抉择

案例一:储怀刚偷偷税案--无法生效的无罪判判决

20xx年10月226日,阜阳市委政法委向阜阜阳中院发去了一份特殊的文文件,文件题为《储怀刚偷税税案的反馈意见》。文件中说说,根据颍泉区委政法委政法法第34号《关于审理储怀刚刚因涉嫌偷税一案的情况汇报报》,市委政法委于20xxx年9月30日召开案件协调调会,与会人员经认真讨论,,分析案情,认为如对储怀刚刚宣告无罪,将对阜阳的稳定定、电厂的建设及处理善后工工作带来困难。因此,经请示示市委有关领导同意,由你院院对该案发回颍泉区人民法院院重审,并在原量刑3年零66个月的基础上,再从轻处罚罚或适用缓刑。\”

20xx年2月24日《南南方周末》刊载的《无法生效效的无罪判决》一文中的一段段文字。阜阳市委、政法委的的一份意见竟然可以令对公民民的无罪判决难以生效,姑且且不提该意见直接对公民的权权利作出大相径庭的决断是否否合法,单就该意见对法官独独立审判的干预来看,也是不不适当的。

\”对储怀刚宣告告无罪,将对阜阳的稳定、电电厂的建设及处理善后工作带带来困难\”,那么,法官哪哪敢拿着\”阜阳的稳定\””开玩笑,不按意见处理,造造成了阜阳的不稳定,这样大大的责任又岂是一名普通法官官承担的起的?进一步说,阜阜阳中院人员的人事任免、财财政经费等也受阜阳市制约,,如果法官坚持无罪判决,可可能导致阜阳中院今后

当前我国地方干预法官官独立的现状及危害

从我我国当前的司法实践来看,地地方干预法官审判独立的

情况并不鲜见。这主要与我国国现行的法院设置体系、法官官任免机制及法院财政体制有有关。我国省市县三级法院设设置与地方行政区划一致,法法官任免由同级人大负责,法法院经费、工资待遇、职

education on Party members'advancement activities and enhance awareness of the Communist Youth League education achievements, and vigorously promote the construction of civilization advanced units, units and staff home building activities, balanced, focused, pragmatic, innovation, high standard, high quality, high level, high efficiency to complete various tasks throughout the year.First, pay close attention to research information, efforts to improve decision-making servicesIn accordance with the "information reflect the information, promote the work of information leading work" requirements, adhere to grasp the team construction, mechanism construction and quantitative assessment, give full play to the assistant role of leadership, actively promote the innovation of research information development, and vigorously promote the research work of information to mention upgrading, efforts to improve the ability and level of decision-making.(a) adhere to the decision in the first place. To make the decision service as the focus of the work, participate in the point, and in the key place, in order to promote the democratization of decision-making, scientific advice. Based on the city's youth career "11th Five-Year" good bureau and the Communist Youth League work across the development, focus on the implementation of Scientific Outlook on Development theory and practice subject adolescents and youth work process of building a socialist harmonious society, pay close attention to the global, strategic, forward-looking major problems, grasp the overall situation, pay attention to plan and implement the specific tasks assigned by the leadership from the overall situation, think ahead on major issues concerning the overall situation, in-depth Study, grasp the dynamic, put forward suggestions, reflect in time.(two) adhere to the investigation. As an important way to firmly grasp the important link of scientific and democratic decision-making, focus on key leadership concern, concern and hot points of youth practice work, adhere to the practice to investigate and research, fully and accurately grasp the actual situation, for the leadership decision-making comes from practice, practical to provide first-hand information. To enhance the initiative, according to municipal Party committee leadership activities, week activities, in the "research" make great efforts to provide more targeted for leadership, predictability and effectiveness of comments and suggestions.(three) adhere to the information planning as an important means of expanding. The sources of information, through the network, the media and other channels, increase integration efforts the work of the Communist Youth League and youth information dynamic information resources, increase the information planning efforts to refine the Communist Youth League, and give full play to the role of information reference, to improve the quality of information as a fundamental, outstanding information work sensitivity and timeliness, timely, accurately, comprehensively reflect the municipal Party committee, municipal government, the Central Committee of the implementation of a major deployment, leadership attention, hot and difficult issues of concern to the masses and some important emergencies, timely provide all kinds of deep and valuable component of the following information. Continue to deepen the information research and information feedback system, information report system, information reporting system, information delivery system and information notification system, and constantly improve the information work of the assessment, incentive mechanism, improve the long-term mechanism to improve the information work of sustainable development.Two, pay close attention to contact and communication, efforts to improve the ability of comprehensive coordinationGive full play to a contact, pivotal role, coordination of the parties in accordance with the standard, efficient, high quality principles, firmly establish the principle of service, and effectively improve the level of policy theory, grasp the method of coordinating work, conscientiously do service leadership, service and Service Corps cadres.(a) do to actively carry out coordination. Upstream municipal Party committee, municipal government work report, and the central mission to understand, grasp the key ideas and working organs, targeted focus on reporting the work of mission, to focus on the city's superior league, major activities, attention, support and help.(two) do parallel coordination. To strengthen the contact and communication with the municipal departments, actively seek for the work of care, support, optimize the external environment. To strengthen the group work of the Communist Youth League and other provinces and cities, to grasp the work around the dynamic, active learning around the work experience, the effective integration of resources within the group, and the Communist Youth League career development.(three) earnestly grassroots coordination. Further increase communication efforts, strengthen the organizations at various levels to guide the work of the office and communication, to ensure the situation, reported lower levels of strength, and strive to the grassroots, inspired by the basic spirit of innovation, the formation of good ability of the league office work.Three, pay close attention to the quality of official documents, efforts to improve the ability to deal with textAdhere to high standards, strict requirements, careful attention to the drafting of the draft work, strict document drafting, audit clearance, proof reading and quality control, and strive to improve the ability to deal with the text, and the overall work of the service center.(a) earnestly. To further establish the draft document presentation system research, adhere to the practice, especially the drafting of important days and months multiplying, concentrating on the presentation of the research, understand the situation the situation, fully understand the intention of the leadership, to ensure the output, quality, and constantly improve the quality of manuscript. A manuscript quality appraisal system, the implementation of quantitative assessment, each quarter the comparison of office draft manuscript quality. Establish a reward system to reward the outstanding manuscript selection out, the wrong investigated persons responsible for the major errors.(two) strict master document quality. Strengthening document quality awareness, efforts in the drafting of documents, audit checks, printed all aspects of efforts, strict policy documents audit, content, format and procedures, adhere to the upper and lower check, and check before and after the check, ensure the document style format in the understanding of leadership intentions in place, ideas in the language in place, and strive to improve the quality of various documents.(three) a comprehensive specification document operation. To further standardize the document transfer procedures, emphasizing the precision in document processing, in strict accordance with the operating procedures document sign, registration, approval, distribution, handling, repaying, filing, ensure the document processing standard, accurate, and efficient. Especially to strict dispatch, strict audit document content. Strictly implement the document procedures step by step Shenqian, strict and unified file format, to ensure the normative document. Further the implementation of electronic document processing mode, the full implementation of OA office system, efforts to improve the work efficiency.Four, pay close attention to the work of supervision, efforts to improve the executive abilityThe city's major issues and focus on the overall work of the Communist Youth League to carry out supervision and inspection, insist on the idea, the handling of the key, efforts to promote the implementation of decisions, to ensure that government decrees.(a) on the center of focus on supervision. In accordance with the "grasp the overall situation, focused, practical, quantitative refinement" principle, conscientiously fulfill the supervision function, focusing on the important deployment, major decisions of the party will, secretary's office, department heads meeting agreed matters assigned by the leadership group, the book down and do the important matters and the regiment the key work to focus on supervision, to ensure that the inspection item piece is an echo, everything in the bag, to promote the work carried out smoothly.(two) grasp the key special supervision. According to different periods of work needs, focus on leadership, social concern, hot and difficult problem of youth reflects the implementation of regular and dynamic supervision of special work assigned by the leadership of the special work of tracking supervision, regularly held the Department responsible for the regular inspection work carried out inspection stage. Check or the implementation of the work, to the work of the special supervision and implementation.(three) innovative ways to promote the supervision. To further improve the effectiveness of supervision and inspection work, really play a role in promoting the implementation work. To further improve and perfect the supervision report system, inspection notification system, regularly carry out random checks of the supervision matters, to highlight the effectiveness of the inspection work, to effectively promote the work carried out.Five, pay close attention to daily management, efforts to improve logistical support capacityAccording to "do great things, do small things, start from the details; General requirements from the overall situation", pay close attention to daily management, enhance the foresight and initiative work, do the work of early preparation, program cost fine plan, artful arrangement, high quality services.(a) further strengthen the authority of hardware construction. Combined with the "three hit" work, to further promote the party organ culture construction, and actively carry out party building advanced units, units of civilization, to create the homes of the workers, further standardize internal office conditions, perfect decoration authorities canteen, strengthening the Office building management, further improve the authority office environment.(two) to further strengthen the organization system construction. The implementation of the municipal Party committee of various rules and regulations, in accordance with the norms of management, efficien

education on Party members'advancement activities and enhance awareness of the Communist Youth League education achievements, and vigorously promote the construction of civilization advanced units, units and staff home building activities, balanced, focused, pragmatic, innovation, high standard, high quality, high level, high efficiency to complete various tasks throughout the year.First, pay close attention to research information, efforts to improve decision-making servicesIn accordance with the "information reflect the information, promote the work of information leading work" requirements, adhere to grasp the team construction, mechanism construction and quantitative assessment, give full play to the assistant role of leadership, actively promote the innovation of research information development, and vigorously promote the research work of information to mention upgrading, efforts to improve the ability and level of decision-making.(a) adhere to the decision in the first place. To make the decision service as the focus of the work, participate in the point, and in the key place, in order to promote the democratization of decision-making, scientific advice. Based on the city's youth career "11th Five-Year" good bureau and the Communist Youth League work across the development, focus on the implementation of Scientific Outlook on Development theory and practice subject adolescents and youth work process of building a socialist harmonious society, pay close attention to the global, strategic, forward-looking major problems, grasp the overall situation, pay attention to plan and implement the specific tasks assigned by the leadership from the overall situation, think ahead on major issues concerning the overall situation, in-depth Study, grasp the dynamic, put forward suggestions, reflect in time.(two) adhere to the investigation. As an important way to firmly grasp the important link of scientific and democratic decision-making, focus on key leadership concern, concern and hot points of youth practice work, adhere to the practice to investigate and research, fully and accurately grasp the actual situation, for the leadership decision-making comes from practice, practical to provide first-hand information. To enhance the initiative, according to municipal Party committee leadership activities, week activities, in the "research" make great efforts to provide more targeted for leadership, predictability and effectiveness of comments and suggestions.(three) adhere to the information planning as an important means of expanding. The sources of information, through the network, the media and other channels, increase integration efforts the work of the Communist Youth League and youth information dynamic information resources, increase the information planning efforts to refine the Communist Youth League, and give full play to the role of information reference, to improve the quality of information as a fundamental, outstanding information work sensitivity and timeliness, timely, accurately, comprehensively reflect the municipal Party committee, municipal government, the Central Committee of the implementation of a major deployment, leadership attention, hot and difficult issues of concern to the masses and some important emergencies, timely provide all kinds of deep and valuable component of the following information. Continue to deepen the information research and information feedback system, information report system, information reporting system, information delivery system and information notification system, and constantly improve the information work of the assessment, incentive mechanism, improve the long-term mechanism to improve the information work of sustainable development.Two, pay close attention to contact and communication, efforts to improve the ability of comprehensive coordinationGive full play to a contact, pivotal role, coordination of the parties in accordance with the standard, efficient, high quality principles, firmly establish the principle of service, and effectively improve the level of policy theory, grasp the method of coordinating work, conscientiously do service leadership, service and Service Corps cadres.(a) do to actively carry out coordination. Upstream municipal Party committee, municipal government work report, and the central mission to understand, grasp the key ideas and working organs, targeted focus on reporting the work of mission, to focus on the city's superior league, major activities, attention, support and help.(two) do parallel coordination. To strengthen the contact and communication with the municipal departments, actively seek for the work of care, support, optimize the external environment. To strengthen the group work of the Communist Youth League and other provinces and cities, to grasp the work around the dynamic, active learning around the work experience, the effective integration of resources within the group, and the Communist Youth League career development.(three) earnestly grassroots coordination. Further increase communication efforts, strengthen the organizations at various levels to guide the work of the office and communication, to ensure the situation, reported lower levels of strength, and strive to the grassroots, inspired by the basic spirit of innovation, the formation of good ability of the league office work.Three, pay close attention to the quality of official documents, efforts to improve the ability to deal with textAdhere to high standards, strict requirements, careful attention to the drafting of the draft work, strict document drafting, audit clearance, proof reading and quality control, and strive to improve the ability to deal with the text, and the overall work of the service center.(a) earnestly. To further establish the draft document presentation system research, adhere to the practice, especially the drafting of important days and months multiplying, concentrating on the presentation of the research, understand the situation the situation, fully understand the intention of the leadership, to ensure the output, quality, and constantly improve the quality of manuscript. A manuscript quality appraisal system, the implementation of quantitative assessment, each quarter the comparison of office draft manuscript quality. Establish a reward system to reward the outstanding manuscript selection out, the wrong investigated persons responsible for the major errors.(two) strict master document quality. Strengthening document quality awareness, efforts in the drafting of documents, audit checks, printed all aspects of efforts, strict policy documents audit, content, format and procedures, adhere to the upper and lower check, and check before and after the check, ensure the document style format in the understanding of leadership intentions in place, ideas in the language in place, and strive to improve the quality of various documents.(three) a comprehensive specification document operation. To further standardize the document transfer procedures, emphasizing the precision in document processing, in strict accordance with the operating procedures document sign, registration, approval, distribution, handling, repaying, filing, ensure the document processing standard, accurate, and efficient. Especially to strict dispatch, strict audit document content. Strictly implement the document procedures step by step Shenqian, strict and unified file format, to ensure the normative document. Further the implementation of electronic document processing mode, the full implementation of OA office system, efforts to improve the work efficiency.Four, pay close attention to the work of supervision, efforts to improve the executive abilityThe city's major issues and focus on the overall work of the Communist Youth League to carry out supervision and inspection, insist on the idea, the handling of the key, efforts to promote the implementation of decisions, to ensure that government decrees.(a) on the center of focus on supervision. In accordance with the "grasp the overall situation, focused, practical, quantitative refinement" principle, conscientiously fulfill the supervision function, focusing on the important deployment, major decisions of the party will, secretary's office, department heads meeting agreed matters assigned by the leadership group, the book down and do the important matters and the regiment the key work to focus on supervision, to ensure that the inspection item piece is an echo, everything in the bag, to promote the work carried out smoothly.(two) grasp the key special supervision. According to different periods of work needs, focus on leadership, social concern, hot and difficult problem of youth reflects the implementation of regular and dynamic supervision of special work assigned by the leadership of the special work of tracking supervision, regularly held the Department responsible for the regular inspection work carried out inspection stage. Check or the implementation of the work, to the work of the special supervision and implementation.(three) innovative ways to promote the supervision. To further improve the effectiveness of supervision and inspection work, really play a role in promoting the implementation work. To further improve and perfect the supervision report system, inspection notification system, regularly carry out random checks of the supervision matters, to highlight the effectiveness of the inspection work, to effectively promote the work carried out.Five, pay close attention to daily management, efforts to improve logistical support capacityAccording to "do great things, do small things, start from the details; General requirements from the overall situation", pay close attention to daily management, enhance the foresight and initiative work, do the work of early preparation, program cost fine plan, artful arrangement, high quality services.(a) further strengthen the authority of hardware construction. Combined with the "three hit" work, to further promote the party organ culture construction, and actively carry out party building advanced units, units of civilization, to create the homes of the workers, further standardize internal office conditions, perfect decoration authorities canteen, strengthening the Office building management, further improve the authority office environment.(two) to further strengthen the organization system construction. The implementation of the municipal Party committee of various rules and regulations, in accordance with the norms of management, efficien2016全新精品资料-全新公文范文-全程指导写作 –独家原创 1 / 4

education on Party members'advancement activities and enhance awareness of the Communist Youth League education achievements, and vigorously promote the construction of civilization advanced units, units and staff home building activities, balanced, focused, pragmatic, innovation, high standard, high quality, high level, high efficiency to complete various tasks throughout the year.First, pay close attention to research information, efforts to improve decision-making servicesIn accordance with the "information reflect the information, promote the work of information leading work" requirements, adhere to grasp the team construction, mechanism construction and quantitative assessment, give full play to the assistant role of leadership, actively promote the innovation of research information development, and vigorously promote the research work of information to mention upgrading, efforts to improve the ability and level of decision-making.(a) adhere to the decision in the first place. To make the decision service as the focus of the work, participate in the point, and in the key place, in order to promote the democratization of decision-making, scientific advice. Based on the city's youth career "11th Five-Year" good bureau and the Communist Youth League work across the development, focus on the implementation of Scientific Outlook on Development theory and practice subject adolescents and youth work process of building a socialist harmonious society, pay close attention to the global, strategic, forward-looking major problems, grasp the overall situation, pay attention to plan and implement the specific tasks assigned by the leadership from the overall situation, think ahead on major issues concerning the overall situation, in-depth Study, grasp the dynamic, put forward suggestions, reflect in time.(two) adhere to the investigation. As an important way to firmly grasp the important link of scientific and democratic decision-making, focus on key leadership concern, concern and hot points of youth practice work, adhere to the practice to investigate and research, fully and accurately grasp the actual situation, for the leadership decision-making comes from practice, practical to provide first-hand information. To enhance the initiative, according to municipal Party committee leadership activities, week activities, in the "research" make great efforts to provide more targeted for leadership, predictability and effectiveness of comments and suggestions.(three) adhere to the information planning as an important means of expanding. The sources of information, through the network, the media and other channels, increase integration efforts the work of the Communist Youth League and youth information dynamic information resources, increase the information planning efforts to refine the Communist Youth League, and give full play to the role of information reference, to improve the quality of information as a fundamental, outstanding information work sensitivity and timeliness, timely, accurately, comprehensively reflect the municipal Party committee, municipal government, the Central Committee of the implementation of a major deployment, leadership attention, hot and difficult issues of concern to the masses and some important emergencies, timely provide all kinds of deep and valuable component of the following information. Continue to deepen the information research and information feedback system, information report system, information reporting system, information delivery system and information notification system, and constantly improve the information work of the assessment, incentive mechanism, improve the long-term mechanism to improve the information work of sustainable development.Two, pay close attention to contact and communication, efforts to improve the ability of comprehensive coordinationGive full play to a contact, pivotal role, coordination of the parties in accordance with the standard, efficient, high quality principles, firmly establish the principle of service, and effectively improve the level of policy theory, grasp the method of coordinating work, conscientiously do service leadership, service and Service Corps cadres.(a) do to actively carry out coordination. Upstream municipal Party committee, municipal government work report, and the central mission to understand, grasp the key ideas and working organs, targeted focus on reporting the work of mission, to focus on the city's superior league, major activities, attention, support and help.(two) do parallel coordination. To strengthen the contact and communication with the municipal departments, actively seek for the work of care, support, optimize the external environment. To strengthen the group work of the Communist Youth League and other provinces and cities, to grasp the work around the dynamic, active learning around the work experience, the effective integration of resources within the group, and the Communist Youth League career development.(three) earnestly grassroots coordination. Further increase communication efforts, strengthen the organizations at various levels to guide the work of the office and communication, to ensure the situation, reported lower levels of strength, and strive to the grassroots, inspired by the basic spirit of innovation, the formation of good ability of the league office work.Three, pay close attention to the quality of official documents, efforts to improve the ability to deal with textAdhere to high standards, strict requirements, careful attention to the drafting of the draft work, strict document drafting, audit clearance, proof reading and quality control, and strive to improve the ability to deal with the text, and the overall work of the service center.(a) earnestly. To further establish the draft document presentation system research, adhere to the practice, especially the drafting of important days and months multiplying, concentrating on the presentation of the research, understand the situation the situation, fully understand the intention of the leadership, to ensure the output, quality, and constantly improve the quality of manuscript. A manuscript quality appraisal system, the implementation of quantitative assessment, each quarter the comparison of office draft manuscript quality. Establish a reward system to reward the outstanding manuscript selection out, the wrong investigated persons responsible for the major errors.(two) strict master document quality. Strengthening document quality awareness, efforts in the drafting of documents, audit checks, printed all aspects of efforts, strict policy documents audit, content, format and procedures, adhere to the upper and lower check, and check before and after the check, ensure the document style format in the understanding of leadership intentions in place, ideas in the language in place, and strive to improve the quality of various documents.(three) a comprehensive specification document operation. To further standardize the document transfer procedures, emphasizing the precision in document processing, in strict accordance with the operating procedures document sign, registration, approval, distribution, handling, repaying, filing, ensure the document processing standard, accurate, and efficient. Especially to strict dispatch, strict audit document content. Strictly implement the document procedures step by step Shenqian, strict and unified file format, to ensure the normative d

关键词: 法律论文 / 法官 / 独立 / 法律论文 / 法官独立法律论文 /

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