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The strategic objectives of judicial reform in the new era do not include: actively exploring scientific establishment and efficient operation.
The judicial system is an important part of the political system, and judicial fairness is an important guarantee of social justice.
The so-called judicial reform refers to a series of reform measures carried out through the judicial system and system with the goal of safeguarding judicial fairness, optimizing the allocation of judicial functions and powers, strengthening the protection of human rights, improving judicial capacity, and practicing justice for the people, expanding judicial democracy, promoting judicial openness, ensuring judicial fairness, and providing effective judicial guarantees for economic development and social harmony and stability.
The Third Plenary Session of the 18th Central Committee of the Communist Party of China proposed that to build a legal China, it is necessary to deepen the reform of the judicial system, accelerate the construction of a fair, efficient and authoritative socialist judicial system, and safeguard the rights and interests of the people. It is necessary to safeguard the authority of the Constitution and laws, deepen the reform of the administrative law enforcement system, ensure the independent and impartial exercise of judicial power and procuratorial power in accordance with the law, improve the operational mechanism of judicial power, and improve the system of judicial protection of human rights.
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The strategic objectives of judicial reform in the new era are as follows: The strategic objectives of judicial reform in the new era are: to improve and develop the socialist system with Chinese characteristics, and to promote the modernization of the national governance system and governance capacity.
At present and for some time to come, to comprehensively deepen the reform of the judicial system, it is necessary to adhere to the guidance of the ideology of socialism with Chinese characteristics and deeply study the spirit of the conference.
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1.Closely focus on the "major goal" of improving and developing the socialist system with Chinese characteristics and promoting the modernization of the national governance system and governance capacity.
2.Firmly grasp the "two fundamentals" of upholding the party's absolute leadership and adhering to the people-centered.
3.Coordinate and promote the reform of the judicial institutions, the comprehensive reform of the judicial system, and the reform of political and legal units.
4.Actively explore the "four paths" of scientific organization, efficient operation, professional performance of duties, and guarantee modernization.
5.Earnestly improve the "five capabilities" of safeguarding national political security, ensuring overall social stability, promoting social fairness and justice, ensuring that the people live and work in peace and contentment, and serving economic and social development.
The purpose of judicial reform in the new era:
Focus on improving and developing the socialist system with Chinese characteristics, and promoting the modernization of the national governance system and governance capacity. At present and for some time to come, to comprehensively deepen the reform of the judicial system, it is necessary to persist in taking the thought of socialism with Chinese characteristics as the guide, deeply study the spirit of the conference, and carry out reform with goals as the guide.
With new breakthroughs in the reform of the judicial system, we will promote new leaps in political and legal undertakings and make new progress in governing the country according to law, and create a safe political environment, a stable social environment, a fair legal environment, and a high-quality service environment for the realization of the "two centenary" goals and the Chinese dream of the great rejuvenation of the Chinese nation.
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Legal Analysis: Section 1.
First, there are a total of 48 reform measures to ensure judicial impartiality and enhance judicial credibility. Priorities include advancing the trial-centered reform of the litigation system, reforming the system for accepting court cases, exploring the establishment of a system for procuratorial organs to initiate public interest litigation, implementing a system of lifelong responsibility for the quality of case handling and a system of accountability for back-checking responsibility for wrongful cases, and improving the system of people's assessors and people's supervisors. Clause.
Second, there are a total of 18 reform measures in strengthening the people's concept of the rule of law and advancing the construction of a rule of law society. Emphasis includes developing the theory of socialist rule of law with Chinese characteristics, including rule of law education in the national education system and the creation of spiritual civilization, improving mechanisms for rewarding law-abiding creditworthiness and punishment mechanisms for illegal and untrustworthy conduct, advancing the establishment of a public legal services system, building institutional systems that have a major role in preserving the interests of the public, and improving diversified dispute resolution mechanisms. Clause.
Third, in terms of strengthening the construction of the rule of law work team, a total of 18 reform measures have been taken. The focus includes improving the system for admitting to the legal profession, accelerating the establishment of a system for the management of rule of law personnel that is in line with the characteristics of the profession, establishing a system for the selection of judges and procurators at different levels, completing mechanisms for two-way exchanges and mutual employment of personnel from rule of law work departments and legal education and research institutions, and deepening the reform of the lawyer management system.
Legal basis: "Implementation Plan for Further Deepening the Reform of the Judicial System and Social System Decided by the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China" Among the 190 major reform measures proposed by the Fourth Plenary Session of the Central Committee, there are 84 items related to further deepening the reform of the judicial system and social system, which are mainly reflected in three aspects: First, there are 48 reform measures in ensuring judicial fairness and improving judicial credibility.
Priorities include advancing the trial-centered reform of the litigation system, reforming the system for accepting court cases, exploring the establishment of a system for procuratorial organs to initiate public interest litigation, implementing a system of lifelong responsibility for the quality of case handling and a system of accountability for back-checking responsibility for wrongful cases, and improving the system of people's assessors and people's supervisors. Second, there are a total of 18 reform measures in strengthening the people's concept of the rule of law and advancing the construction of a rule of law society. Emphasis includes developing the theory of socialist rule of law with Chinese characteristics, including rule of law education in the national education system and the creation of spiritual civilization, improving mechanisms for rewarding law-abiding creditworthiness and punishment mechanisms for illegal and untrustworthy conduct, advancing the establishment of a public legal services system, building institutional systems that have a major role in preserving the interests of the public, and improving diversified dispute resolution mechanisms.
Third, in terms of strengthening the construction of the rule of law work team, a total of 18 reform measures have been taken. The focus includes improving the system for admitting to the legal profession, accelerating the establishment of a system for the management of rule of law personnel that is in line with the characteristics of the profession, establishing a system for the selection of judges and procurators at different levels, completing mechanisms for two-way exchanges and mutual employment of personnel from rule of law work departments and legal education and research institutions, and deepening the reform of the lawyer management system.
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Legal analysis: The core of judicial reform is to solidly promote the classified management of judicial personnel, the judicial responsibility system, the professional security of judicial personnel, and the unified management of personnel, property and property of local procuratorates below the provincial level. Deepening the reform of the judicial system and perfecting the judicial management system and the operational mechanism of judicial power must be carried out under the unified leadership of the party, and we must uphold and improve China's socialist judicial system.
Legal basis: Article 5 of the Lawyers Law of the People's Republic of China Article 5 To apply for a lawyer's practice, the following conditions must be met: (1) support the Constitution of the People's Republic of China; (2) Obtain legal professional qualifications through the National Unified Legal Profession Qualification Examination; (3) Internship in a law firm for one year; (4) Good conduct.
The National Unified Judicial Examination Certificate and Lawyer's Qualification Certificate obtained before the implementation of the National Unified Legal Profession Qualification Examination shall have the same effect as the National Unified Legal Profession Qualification Certificate.
Decision of the Standing Committee of the National People's Congress on Amending the "Judges Law of the People's Republic of China" and Other Eight Laws" IV. Amend the "Lawyers Law of the People's Republic of China" (1) Amend the second item of the first paragraph of article 5 to read: "(2) Obtain legal professional qualifications through the National Unified Legal Professional Qualification Examination"; Amend the second paragraph to read: "The certificates of passing the National Unified Judicial Examination and the lawyer's qualification certificates obtained before the implementation of the National Unified Legal Profession Qualification Examination shall have the same effect as the National Uniform Legal Profession Qualification Certificate.
2) Amend the first item of the first paragraph of Article 6 to read: "(1) The National Unified Legal Professional Qualification Certificate". (3) Amend paragraph 3 of Article 7 to read:
3) Those who have been dismissed from public office or have had their lawyers' or notary public's practice certificates revoked." (4) Add a paragraph to article 53 as the second paragraph: "Those who have had their lawyers' practice certificates revoked must not serve as defenders or litigants, except where they are guardians or close relatives of parties to criminal, civil, or administrative litigation. ”
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The strategic goal of judicial reform in the new era does not include actively exploring the "four paths" of scientific establishment, efficient operation, professional performance of duties, and guarantee modernization. At the meeting to promote the comprehensive deepening of the reform of the judicial system, it was proposed to scientifically plan the overall strategy for the reform of the judicial system in the new era to ensure that we move forward in the right direction. The meeting emphasized that at present and in the future, to comprehensively deepen the reform of the judicial system, we must adhere to the guidance of the socialist thought with Chinese characteristics in the new era, thoroughly study and implement the spirit of the 19th National Congress of the Communist Party of China and the 2nd and 3rd Plenary Sessions of the 19th Central Committee, and closely focus on improving and developing the socialist system with Chinese characteristics, promoting the modernization of the national governance system and governance capacity. The "three tasks" of the comprehensive reform of the judicial system and the reform of political and legal units, actively explore the "four paths" of scientific organization, efficient operation, professional performance of duties, and guarantee modernization, and earnestly improve the "five capabilities" of maintaining national political security, ensuring overall social stability, promoting social fairness and justice, ensuring that the people live and work in peace and contentment, and serving economic and social development, and promote new leaps in political and legal undertakings and new progress in governing the country according to law with new breakthroughs in the reform of the judicial system, so as to achieve the "two centenary years" The goal and the Chinese dream of the great rejuvenation of the Chinese nation create a safe political environment, a stable social environment, a fair legal environment, and a high-quality service environment.
Legal basis: Article 2 of the Constitution of the People's Republic of China All power in the People's Republic of China belongs to the people.
The organs through which the people exercise state power are the National People's Congress and local people's congresses at all levels.
In accordance with laws and regulations, the people manage state affairs, economic and cultural affairs, and social affairs through various channels and forms.
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a.Firmly grasp the "two fundamentals" of adhering to the party's absolute leadership and adhering to the people-centered approach
b.Closely focus on the "major goal" of improving and developing the socialist system with Chinese characteristics and promoting the modernization of the national governance system and governance capacity.
c.Coordinate and promote the reform of judicial institutions, the comprehensive reform of the judicial system, and the reform of political and legal units
d.Actively explore the "four paths" of scientific preparation, efficient operation, professional performance of duties, and guarantee modernization
Correct answer: d
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The strategic goal of judicial reform in the new era is to promote the modernization of the national governance system and governance capacity around the improvement and development of the socialist system with Chinese characteristics. At present and for a period in the future, Quan Wangsen should deepen the reform of the judicial system in all aspects, and it is necessary to adhere to the guidance of the thinking of socialism with Chinese characteristics, deeply study the spirit of the conference, and carry out reform with goals as the guide.
Sleepy. According to the relevant laws and regulations of our country, the overall idea of comprehensively deepening the reform of the people's courts is: closely centering on the goal of making the people feel fairness and justice in every judicial case, always adhere to the main line of judicial work for the people and impartiality, and strive to solve deep-seated problems that affect judicial fairness and restrict judicial capacity.
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