presented by guo weijian. outline qualification of judges britain---- the lord chancellor and other...
TRANSCRIPT
Presented by Guo Weijian
Outline• Qualification of judges Britain---- the Lord Chancellor and other judges China---- the Chief Grand and other judges
• Comparison on judicial independence Britain China
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
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
Qualification of judges (China)
• the Chief Grand
-- head of the Supreme People’s Court
-- elected and dismissed by the National
People’s Congress
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
Qualification of judges (China)
Two kinds of people cannot be judges
-- received criminal penalty because of
crime
-- be discharged from public employment
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
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
Reference
• Law on Judges
• 张越 ---- 《英国司法独立的基本蕴涵》
Thank you for your attention