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