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Published byReynard Shields Modified over 9 years ago
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Presented by Guo Weijian
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Outline Qualification of judges Britain---- the Lord Chancellor and other judges China---- the Chief Grand and other judges Comparison on judicial independence Britain China
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Qualification of judges (Britain) the Lord Chancellor -- the highest office in the judiciary -- a lawyer -- appointed by the Prime Minister -- a member of the government
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Qualification of judges (Britain) All other judges -- must have been practising in the legal profession as a barrister or solicitor for a certain number of years before being appointed -- obtain their position through their experience and the merits of their work -- independent from the political system
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Qualification of judges (China) the Chief Grand -- head of the Supreme People’s Court -- elected and dismissed by the National People’s Congress
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Qualification of judges (China) All other judges -- own the nationality of the People’s Republic of China -- aged twenty-three or above -- uphold the Constitution of the People’s Republic of China -- possess superior political and professional qualities, noble morality, and good health -- bachelors major in law or non-law major bachelors with professional law knowledge, two-year working experience in law
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Qualification of judges (China) Two kinds of people cannot be judges -- received criminal penalty because of crime -- be discharged from public employment
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Judicial independence (Britain) Foundation---- the independence of the judiciary ( 司法官的独立 ) Main content Judges are -- independent from the executive -- independent from the Parliament -- independent from the court
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Judicial independence (China) It involves the independence of the judicial authority ( 审判权 ) and the independence of the procuratorial authority ( 检察权 ) The principle of the independence of the judicial authority is written in the Constitution Restriction from the regulatory system
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Reference Law on Judges 张越 ---- 《英国司法独立的基本蕴涵》 Thank you for your attention
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