The implementation plan for the selection of the first presiding judge is to strengthen the professionalization of judges, establish a trial organization form that conforms to the trial law, enhance the sense of responsibility and honor of judges, mobilize the enthusiasm of judges, improve the quality and efficiency of trials, and ensure judicial justice. According to the Organic Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Judges, the Outline of Five-year Reform of People's Courts and I. The purpose and significance, judges with strong trial professional ability and level, good professional ethics and enterprising spirit are selected and assigned to the important post of presiding judge, so as to fully tap the potential of existing trial resources, mobilize the enthusiasm of judges, realize the organic unity of responsibilities and rights, further improve the quality and efficiency of trial work, and form a fair, efficient and orderly. Second, the basic principle of selecting the presiding judge 1, the principle of implementing according to law; 2. The principles of openness, equality, competition and merit; 3. The principle of unity of responsibility and rights; 4. The principle of survival of the fittest and dynamic management; Three. The presiding judge shall meet the following conditions at the same time: 65,438+0. Abide by the Constitution, laws and court rules and regulations, strictly observe trial discipline, act in strict accordance with the law, enforce the law impartially, be honest and have good professional ethics. 2, has passed the national judicial qualification examination and meet the requirements of the judge, or a judge in our hospital. 3. Have rich experience in trial practice and be able to use legal expertise to solve practical problems in trial work; Able to preside over the trial skillfully, with strong language expression and writing skills; Be able to make legal documents in a standardized and skilled way. 4. There are no major mistakes in the cases undertaken, and there are no violations of law and discipline. 5. Be healthy and competent for trial work. 6. Have certain organization and coordination ability. 4. The selection of the presiding judge in the leading group is led, organized and implemented by the Party Group of our college, with the participation, guidance and supervision of the Political Department of Yunnan Higher People's Court, the Political Department of Yuxi Intermediate People's Court, the County People's Congress, the County Commission for Discipline Inspection, the County Organization Department and the County Political and Legal Committee. V. Presiding judge positions According to the three major judicial tasks undertaken by the county people's court, presiding judges are divided into three categories: criminal presiding judges, civil presiding judges and administrative presiding judges; There are 8 presiding judges in this hospital, including 2 criminal presiding judges and 6 civil presiding judges. The administrative presiding judge shall be appointed by the leading group selected by the presiding judge from among the civil presiding judges. The president, vice-president, members of the judicial committee, the president and the vice-president shall not enjoy the treatment of presiding judge, except those appointed through examination. If the president, vice-president, members of the judicial committee, president and vice-president serve as presiding judges, the number of cases undertaken each year shall not be less than the average number of cases handled by similar presiding judges. Selection procedure of presiding judge of intransitive verbs 1. The first leading group for the selection of presiding judges was established. Ye Ning Zhou, the president, is the team leader, Zhou, the director of the Political Department, is the deputy team leader, and Zhou Rukang, the vice president, is a member, forming the leading group for the selection of the first presiding judge. 2. Determine the position of presiding judge and publish it. The first presiding judge has eight positions, which are divided into criminal presiding judge and civil presiding judge. Among them, there are 2 criminal presiding judges and 6 civil presiding judges, and the administrative presiding judge is appointed by the leading group selected by the presiding judge from among the civil presiding judges. 3. sign up. In addition to the leaders of the institute, all the judges of the institute must sign up for the selection; After passing the national judicial qualification examination, people who meet the qualifications of judges can also register for election. 4. Qualification examination. The applicant fills in the registration form, and the leading group of the presiding judge announces the registration and qualification examination. 5, business and comprehensive quality examination. The presiding judge's examination is divided into five parts: professional quality examination, logical thinking and oral expression ability examination, court trial ability examination, official document writing ability examination and judgment document writing ability examination, with a total score of 100. If the number of applicants is less than 2: 1, under the premise of not violating the basic principle of selecting the presiding judge stipulated in the Detailed Rules for the Implementation of the Selection of the Presiding Judge of Tonghai County People's Court, the leading group for selecting the presiding judge may separately formulate examination methods according to the actual situation and make appropriate adjustments to the contents and forms of the examination. (1) professional quality examination. The criminal presiding judge mainly examines criminal law, criminal procedure law, criminal evidence theory and related judicial interpretations; The civil presiding judge mainly examines the general principles of civil law, marriage law, contract law, inheritance law, civil procedure law, civil litigation evidence provisions and related judicial interpretations. 40% of the total score. The Political Department of the Provincial Higher People's Court is responsible for setting questions and scoring, and the Political Department of the Municipal Intermediate People's Court is responsible for invigilation. ② Examination of logical thinking and oral expression ability. Collect a certain number of topics, covering cases, politics, diplomacy, culture and entertainment, colleague relationship, superior-subordinate relationship, marriage and family, ethics and so on. After the candidates draw lots to determine the topic, they will consider it for 5 minutes and express their views on the question extemporaneously. The evaluation team comprehensively evaluated the candidates' thinking agility, social life experience, logical thinking ability and oral expression ability, accounting for 10% of the total score. The members of the evaluation team are five outstanding judges selected by the Political Department of the Municipal Intermediate People's Court from the two courts in this city, plus 1 representatives of the county people's congress, the Commission for Discipline Inspection, the Organization Department and the Political and Legal Committee, totaling nine people. (3) Trial ability test. Select some cases accepted by our hospital, and the candidates will hold public hearings and pronounce sentences. After the trial, the evaluation team will judge the candidates' comprehensive qualities such as presiding over the trial, trial skills, appeal and language expression ability, accounting for 20% of the total score. The members of the evaluation team are five outstanding judges selected by the Political Department of the Municipal Intermediate People's Court from the two courts in this city, plus 1 representatives of the county people's congress, the Commission for Discipline Inspection, the Organization Department and the Political and Legal Committee, totaling nine people. (4) Official document writing ability test. Candidates choose their own topics and write a work report, work summary or work plan, accounting for 10% of the total score. The Political Department of the Provincial High Court is responsible for marking papers, and the Political Department of the Municipal Intermediate People's Court is responsible for invigilation. ⑤ Test of writing ability of referee documents. First, select cases with complicated cases and disputed application of facts and laws to make judgments; Two, choose the case is complex, but the facts and applicable laws are not controversial, and make a judgment; Third, choose a case with simple facts and uncontroversial application of the law to make a judgment. Through the comprehensive evaluation of the above three referees, it is the basis for evaluating the ability of candidates to make referee documents, accounting for 20% of the total score. The Political Department of the Provincial Higher People's Court is responsible for setting questions and scoring, and the Political Department of the Municipal Intermediate People's Court is responsible for invigilation. 6. Publish the test results. 7, according to the examination, assessment, inspection, publicity to be appointed list. 8, announced the selection results, go through the formalities. 9. Letter of appointment issued by the dean of the college. Seven. Timetable In order to speed up the professionalization of judges in the direction of post system, the selection of first-instance judges in Tonghai County People's Court is scheduled to be formally organized and implemented from September 1 2003, and completed before February 3 1 2003. The elected trial judge will take office on June 1 2004. The specific registration and examination time will be announced separately. Eight. The term of office of the first presiding judge of Tonghai County People's Court is three years, from June 65438+ 10/day, 2004 to February 3 1 day, 2006. The presiding judge during his term of office has the authority of presiding judge, performs the duties of presiding judge, enjoys the treatment of presiding judge and undertakes the duties of presiding judge. Nine, the presiding judge authority 1, independent judicial power. The presiding judge has the right to try cases independently without any illegal interference. In the case of sole trial, the presiding judge has the right to decide the final verdict; The presiding judge has the right to express his personal opinions independently in cases tried by the collegial panel; When the judicial committee discusses a case, the presiding judge has the right to reserve personal opinions. 2. The right to organize and manage. The presiding judge has the right to organize the trial management of the judicial unit, guide the assistant judges to complete the preparatory work before the trial and the aftermath after the trial, and arrange the work of the clerk. 3. Right of evaluation and suggestion. The presiding judge has the right to assess the work of assistant judges and clerks, and to make suggestions on the rewards and punishments, promotion or punishment of assistant judges and clerks. 4. The right to preside over the trial. Cases tried separately shall be presided over by the presiding judge; All cases tried by the collegial panel shall be presided over by the presiding judge. 5, the right to post. Any case that has not been discussed and decided by the judicial committee shall be signed by the presiding judge. 6. Suggest the right to discuss. In cases with great influence in the local area, if the opinions of the collegial panel are significantly different, the presiding judge who undertakes the case has the right to make a decision based on the opinions of the majority, or to report it to the leaders of the hospital in charge for approval according to law and submit it to the judicial Committee for discussion and decision. X. Responsibility of the presiding judge. 1. If the case is tried alone, the presiding judge shall be responsible for the trial procedure of the case and confirm the facts and the verdict according to law; 2, the collegial panel to hear the case, the collegial panel shall be responsible for the trial procedures, facts and judgment results; If the collegial panel should bear the responsibility, the presiding judge as the presiding judge should bear the main responsibility, and the presiding judge who insists on correct opinions can be exempted from responsibility. 3 cases decided by the judicial committee, the presiding judge who tried alone or participated in the collegial panel is at fault, and the responsibility shall be determined according to the situation. 4. If the presiding judge violates laws, regulations and judicial discipline during the trial, resulting in certain consequences, he shall bear corresponding responsibilities in accordance with the relevant provisions such as Measures of the Supreme People's Court on Investigating the Judicial Responsibility of People's Courts for Illegal Trial, Measures of the Supreme People's Court on Disciplinary Measures of People's Courts (Trial) and Provisions of the Supreme People's Court on Strictly Implementing the Disciplinary System of Judges Law of People's Republic of China (PRC). 5. If the presiding judge is lax in management, ineffective in guidance and out of control over the assistant judges and clerks, resulting in major mistakes in the trial work of the assistant judges and clerks, the presiding judge shall bear corresponding responsibilities in addition to his own responsibilities. 6. The presiding judge shall complete other tasks assigned by the hospital leaders on schedule. Those who refuse to work or passively cope with work are severely punished for failing to perform their duties. XI。 The presiding judge was relieved 1. Exemption due to expiration of term of office; 2. The presiding judge is removed from the post of judge due to his own fault and legal reasons; 3, due to illegal trial by the party and government discipline; 4, due to the trial work there is a major fault, and caused serious impact; 5. The judge's annual work assessment is determined to be "incompetent"; 6. It is difficult to continue to perform the duties of the presiding judge due to physical condition; 7. I resigned and was approved; 8. Being transferred from the probation post due to work needs; 9. Other reasons why he is not suitable for presiding judge; If he is removed from the post of presiding judge due to the circumstances listed in items 2 to 4, he shall not participate in the selection of presiding judge within three years. Twelve, the presiding judge to fill the vacancy 1, the presiding judge to implement a three-year term, each appointment must go through the examination system; 2. When the presiding judge resigns, is dismissed or transferred halfway due to the expiration of his term of office, the presiding judge's leading group can rank the presiding judges in this examination and replace them in turn; The presiding judge who fills the vacancy shall perform the duties of presiding judge, undertake the duties of presiding judge and enjoy the treatment of presiding judge. 3. The term of office of the Chief Justice to fill the vacancy is the remainder of the current session. 4. If the presiding judge designated by the presiding judge leading group fails to substitute in turn for special reasons, he shall perform the duties of presiding judge, assume the responsibilities of presiding judge and not enjoy the treatment of presiding judge. Thirteen. Treatment of the presiding judge. 1. political treatment: when the position of department leader is vacant, the person elected as the presiding judge will be given priority. 2. Economic benefits: (1) The presiding judge enjoys all normal salary and rank benefits; (2) A presiding judge who has passed the examination according to the Measures for the Assessment of the Post Responsibility System of the First Presiding Judge can enjoy the post responsibility allowance of 6.5438+0.5 million yuan every year. Fourteen Other detailed rules for implementation shall be interpreted by the party group of the institute.
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