In the corruption trial of the cause and countermeasures
People's Court charged with the punishment of corrupt elements, the important responsibility of cleaning up the black sheep is an important force in the fight against corruption. But the phenomenon of law and discipline within the Court in recent years significantly increased anti-corruption situation is very serious, very difficult task. Cause of Corruption are:
Internal factors of a
(A subjective aspect. Judge their own quality level, a direct impact on the cases they undertake. At present, the quality of the court system personnel also is not optimistic, there is the existing number of judges in the Court is not suitable for people who work, such as rigid structure of knowledge, the quality is not high, lazy, enjoy a taste of the people all day, do not have the legal expertise, weak legal consciousness. think they themselves have the final say investigators, who are not so strict accordance with the law, handling cases these people Zhiliang evident. Second, because of cases has increased, fewer personnel, resulting in the judge handling the case was busy all day, ideological and political neglect of learning and learning the business. Every year has a lot of laws and regulations promulgated, by the judge if not promptly update the legal knowledge, it is difficult to adapt to the requirements of the Court's work on some new types of cases do nothing, or even miscarriage of justice and so on. Third, the lack of necessary supervision and control mechanism. Since a significant increase in cases of a serious shortage of power and conflict trials are hard to solution, resulting in a large proportion of cases in the course of a hearing without the necessary supervision, and some judges from the trial record from beginning to end is a person contacts with the parties, "independent" to exercise jurisdiction. lack of supervision is bound to have the power corruption, so, for these reasons is not surprising that some problems. Fourth, the investigation is made. Some police officers in question knew the court, but the first such assessment for the purpose of collective end of the year, leading only heard one side of the story, not punished.
(B objective aspect. In recent years, with the development of market economy, the legal regulation of social relations requires more and more and more complex, various new types of cases, hard cases emerging, increasing, the Court accepted the case a year showed a significant upward trend. The number of police officers and the court changed little over the years. cases and more heavy task force with the trial of a serious shortage of conflict between the trial judge made an objective specific cases, they often take into account the closing speed, ignoring the the quality of the case, it is difficult to do both.
Second, external factors
Main is not good law enforcement environment. While the law enforcement environment is good or bad just can not afford a decisive role in law enforcement, but it affects to some extent, law enforcement and fair.
(A social impact. Repeated in the current spending of public funds, corruption, bribery big stacked climate, many people stubbornly believe that money can truly inspired, Money talks, money can buy law can exchange law, divine law in their eyes is just a variant of the money. Some parties in order to win the lawsuit, spared no expense to clear the way, bribing judges. still have some clients, knowing that to justify himself, and valid, but by the community rumors effect, that does not give gifts, rational but also can not win, if only to judge "said that" my heart was at ease, so the trial judge to call repeatedly to eat and drink, or looking for an excuse to give money to send all kinds of things. Some police officers will not withstand the strong the parties could not "sugar-coated bullets," 'the bombing, has become a captive of money.
(B administrative intervention. While the law clearly stipulated in China, people's courts exercise judicial power independently, free from any administrative organs, social groups and individuals. But in the trial practice, there are still a small number of executive leadership "concerned about the" trial work hand in case of trial court properly.
(C local protectionism. While the whole nation is calling "to overcome local protectionism", "National Court of a chess game," however, once the real hit to their local places of interest, some of the local administrative authorities or courts often for various reasons to excuse or refuses to cooperate, and even some courts to "safeguard the economy for the area" in the name of the foreign court to block accordance with the law, even worse, tipping off the local parties, advice.
(D citizen awareness of the law is not strong. After several community-wide legal education, the legal consciousness of citizens have a different degree, but in many cases, it can not be correct use of legal weapons to protect their legitimate rights and interests.
To the rule of law, the people will become increasingly important role of the courts, the status will be more prominent, and the same time, people's courts more and more arduous tasks facing. Anti-corruption is a field related to the party and the country's future and destiny of the political struggle, the Court Internally, to ensure justice, we must resolutely and thoroughly remove judges in violation of law or of the corrupt elements, the only way to re-establish among the people from the people's courts and judges of the good image of the people. Therefore, I that in order to ensure justice, should do the following:
First, strengthen ideological education and enhance their understanding, the idea is opposed to the premise of judicial corruption. Anti-corruption is a survival of the party and the country a serious struggle, the success of the struggle against corruption related to the success or failure of the party and state, is a serious political struggle. Therefore, the court led police officers to conduct regular on the ideological and political education, so that alarm bells ringing. only improve the quality of its own political policemen, and to consciously resist corruption, and can ensure fundamental justice.
First, to strengthen the political consciousness. Persist in the political, judicial police officers of each must have the basic political conditions, but also against corruption and resist corrosion of decadent ideas of the most critical part.
Second, we must strengthen the sense of learning. Theoretically clear the firm can ensure action. The new century, new situations and new problems emerging, all kinds of thoughts pour in, if not focus on learning, it will smell, lift the ideological weapon, and ultimately Down by the sugar-coated bullets. Links to Research Papers Download http://www.hi138.com Third, we must strengthen the moral sense. the Chinese nation for thousands of years to form the unbending, wealth Bu prostitution, clean and honest morality, not only the requirements of life, but also to the basic requirements of a judicial police officers, it is a competent judicial and police officers should have the basic conditions.
Second, strengthening the legal system is an important part against judicial corruption.
To strictly enforce the law from the fundamental guarantee, fair law enforcement, the system is protected. Therefore, to strengthen the rule of law and regulations, and raise awareness of judicial law-abiding police officers, regulate the behavior of judicial police officers. If corruption is a plague that is corrosive if party discipline and state is "minefield" that is "high voltage", infected with the plague would be tantamount to self-step "minefield", self-touch power is doomed to ruin. Therefore, on the one hand to strengthen the anti-corruption law construction, make it more concrete, more user-friendly operation, on the other hand, we should increase legal education and judicial Ganjing education efforts to discipline the party rules to make it fully aware of its importance, to fully understand the dignity of party discipline and state to be conscientiously study, usage, law, persist in using the discipline and state laws to constrain their thinking and behavior.
Third, strengthen the supervision is the fundamental guarantee against judicial corruption.
"Must have lost the power of supervision and corruption", the judge holds jurisdiction in hand, face many temptations, and from now, our monitoring system is not fully straighten out, the party is not enough supervision, supervision by the masses there is a lot of inconvenience effective judicial supervision is not enough, there is still justice in many different levels of supervision and weak monitoring of virtual issues. resulting in the individual police officers emboldened, its own way, seriously affecting the judiciary and judicial police officers in the overall image among the people. Therefore, Canada Big oversight efforts, the formation of vertical and horizontal cross, inside and outside the supervision of cross-network is imperative.
Fourth, intensify punishment is an effective means against judicial corruption.
Adhere to the investigation focused on law and discipline violations, in particular, is to investigate important cases and cases of masses, is a breakthrough against judicial corruption and the entry point. First, leaders at all levels should investigate the anti-corruption law and discipline violations as the central link , to strengthen the leadership, we must unswervingly adhere to investigate cases of law and discipline thought, the discipline inspection and supervision organs to investigate cases of support at work, organization and coordination, discipline inspection and supervision organs to investigate the case to provide convenient conditions, and second, the discipline inspection organs in the investigated cases when you overcome the "three-pronged", "Three courage", that is: to overcome the difficulties placed on file, insisted dare filing, investigation and evidence collection is difficult to overcome, the courage to tough action to overcome processing difficulties, the courage to deal with. regardless of any case, no matter who comes to and, upon filing, will be investigated in the end, on the basis of ascertaining the facts, be dealt with firmly, and the third is a typical case to be exposed.
Fifth, strengthen investigation and Research, in order to take preventive measures.
Court specializing in leadership and discipline inspection and supervision of the comrades, the court should pay attention to work in a period to investigate and study problems, identify the crux of the problem lies, in time to be resolved before they occur. Meanwhile, we should mobilize the majority of police officers actively involved in Research activities, through the mass of the investigation and Research team of two police officers to promote the improvement of the quality.
In short, the people's court only to achieve "justice and efficiency" as the goal to strengthen the discipline, to prevent and overcome the phenomenon of corruption focus, improve the overall quality of the courts and police officers in order for the people's court in the new century has laid a good foundation. Links to Research Papers Download http://www.hi138.com
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