地球联盟党在加拿大政治中的第一个政治主张――司法改革节省纳税人的钱
- 主题发起人 wushuren
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roaring mouse
知名会员
you'd better read some books or check yourself into a university program to get some basics.
humans are also political creatures; a judge or a chief justice is also a political being; his or her political bias influences his or her decision.
wushuren
综合杂谈名誉斑竹
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Re: Re: 地球联盟党在加拿大政治中的第一个政治主张――司法改革节省纳税人的钱
对呀，法官当然有自己的政治思想和政党背景。所以我们普通的老百姓要灭掉它的政党背景，他的政治思想只能是来自于随机陪审团的累积结果影响。不能来自于它所属的政党。例如加拿大批准同性婚姻，而美国不批准。这不是说他批准就不对，而是说他们有政党背景。
本人不需要一定是法律专家，就能看出这个问题。政治家们也不一定需要是法律专家就能推进司法改革。
更直接的问题是，用陪审团断案，垂长，效率低，浪费纳税人的钱，我的钱，容易让罪犯逃脱。所以要改用陪审团判断法官每个案件的审理，而不是直接断案。
对呀，法官当然有自己的政治思想和政党背景。所以我们普通的老百姓要灭掉它的政党背景，他的政治思想只能是来自于随机陪审团的累积结果影响。不能来自于它所属的政党。例如加拿大批准同性婚姻，而美国不批准。这不是说他批准就不对，而是说他们有政党背景。
本人不需要一定是法律专家，就能看出这个问题。政治家们也不一定需要是法律专家就能推进司法改革。
更直接的问题是，用陪审团断案，垂长，效率低，浪费纳税人的钱，我的钱，容易让罪犯逃脱。所以要改用陪审团判断法官每个案件的审理，而不是直接断案。
roaring mouse
知名会员
Re: Re: Re: 地球联盟党在加拿大政治中的第一个政治主张――司法改革节省纳税人的钱
how can you do 灭掉它的政党背景? It is people who have similar or identical interests and thinkings form a party. 灭掉政党 means people either have no interests and thinkings of their own or they allthe same ones. Will that ever happen?
Also suppose I am a chief justice and I am conservative in my thinking (that is, I am against gay marriage, abortion and support death penalty) and I belong to a party that is also conservative in its thinking? Will my background affect my decisions about, let's say, a law banning partial birth abortion? You bet. That is what is facing the chief justices in the US, which are tilting toward conservatives.
how can you do 灭掉它的政党背景? It is people who have similar or identical interests and thinkings form a party. 灭掉政党 means people either have no interests and thinkings of their own or they allthe same ones. Will that ever happen?
Also suppose I am a chief justice and I am conservative in my thinking (that is, I am against gay marriage, abortion and support death penalty) and I belong to a party that is also conservative in its thinking? Will my background affect my decisions about, let's say, a law banning partial birth abortion? You bet. That is what is facing the chief justices in the US, which are tilting toward conservatives.
wushuren
综合杂谈名誉斑竹
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Re: Re: Re: Re: 地球联盟党在加拿大政治中的第一个政治主张――司法改革节省纳税人的钱
现在的法官任命都是政客们协调，政党斗争的结果。并不直接反映民意。所以我说的方式，更能直接反映民意，法官团成为更加独立的无为而治的政治力量，所以灭掉了他们的政党政治背景。他们不需要获得某个执政党的支持就可能进入最高法院。我说的民意影响，并不足以造成多数暴政，因为民意的影响用的是长时间陪审团累积结果，不是一次性投票。
相比较现有司法系统，才能认清我说的是什么。地球联盟党如果在美国也是这个政治主张。
现在的法官任命都是政客们协调，政党斗争的结果。并不直接反映民意。所以我说的方式，更能直接反映民意，法官团成为更加独立的无为而治的政治力量，所以灭掉了他们的政党政治背景。他们不需要获得某个执政党的支持就可能进入最高法院。我说的民意影响，并不足以造成多数暴政，因为民意的影响用的是长时间陪审团累积结果，不是一次性投票。
相比较现有司法系统，才能认清我说的是什么。地球联盟党如果在美国也是这个政治主张。
roaring mouse
知名会员
Re: Re: Re: Re: Re: 地球联盟党在加拿大政治中的第一个政治主张――司法改革节省纳税人的钱
i cannot agree here; judges are elected in US; i do not know the case in canada. chief justices though are appointed by the president.
i cannot agree here; judges are elected in US; i do not know the case in canada. chief justices though are appointed by the president.
roaring mouse
知名会员
Re: Re: Re: Re: Re: Re: Re: 地球联盟党在加拿大政治中的第一个政治主张――司法改革节省纳税人的钱
you may check out yourself. i know the judges are elected; it is election season here; on my way to work, there are signs say Elect Judge X or Keep Judge X.
you may check out yourself. i know the judges are elected; it is election season here; on my way to work, there are signs say Elect Judge X or Keep Judge X.
roaring mouse
知名会员
Re: Re: Re: Re: Re: Re: Re: Re: Re: 地球联盟党在加拿大政治中的第一个政治主张――司法改革节省纳税人的
A gunman killed "a number" of people at a one-room Amish schoolhouse Monday in Pennsylvania's bucolic Lancaster County, state police said.
Do you know Amish? They are a quite strange group of people.
A gunman killed "a number" of people at a one-room Amish schoolhouse Monday in Pennsylvania's bucolic Lancaster County, state police said.
Do you know Amish? They are a quite strange group of people.
wushuren
综合杂谈名誉斑竹
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以下这段说明了美国加利福尼亚州的法官是如何被选择的
To qualify for a judgeship, a person must have been a member of the State Bar for at least five years for the municipal courts and ten years as a State Bar member or as a judge for the higher courts.
Any qualified lawyer who wants to be a municipal or superior court judge can run for the office and try to get elected. Whenever a vacancy occurs between elections, however, the governor appoints someone to fill the office. Most trial court judges first reach the office by appointment. At election time, they then run as incumbents and usually have no opponents.
The governor appoints all Supreme Court and Court of Appeal justices. Appointments to these courts must be approved by majority vote of the Commission on Judicial Appointments whose members are the Chief Justice of the Supreme Court, the Attorney General, and the senior presiding judge on the Court of Appeals. The commission holds public hearings to receive comments on the nominee's qualifications before voting on whether to confirm the governor's choice.
Those being considered for appointment to a judgeship are investigated by the State Bar's Commission on Judicial Nominees Evaluation which makes a confidential report to the governor on how qualified the person is to perform the duties of the office. Primarily governors, through their power of appointment, shape the character and quality of the California judiciary. There are about 1500 judgeships in California, and any governor who serves two terms will have the opportunity to make over 800 appointments which include both new judges and promotions to higher courts.
任满两届的州长，大约能任命800个法官，包括新法官和提升的法官。 总体印象，还是行政权力比较大。而不是司法权利最大。
To qualify for a judgeship, a person must have been a member of the State Bar for at least five years for the municipal courts and ten years as a State Bar member or as a judge for the higher courts.
Any qualified lawyer who wants to be a municipal or superior court judge can run for the office and try to get elected. Whenever a vacancy occurs between elections, however, the governor appoints someone to fill the office. Most trial court judges first reach the office by appointment. At election time, they then run as incumbents and usually have no opponents.
The governor appoints all Supreme Court and Court of Appeal justices. Appointments to these courts must be approved by majority vote of the Commission on Judicial Appointments whose members are the Chief Justice of the Supreme Court, the Attorney General, and the senior presiding judge on the Court of Appeals. The commission holds public hearings to receive comments on the nominee's qualifications before voting on whether to confirm the governor's choice.
Those being considered for appointment to a judgeship are investigated by the State Bar's Commission on Judicial Nominees Evaluation which makes a confidential report to the governor on how qualified the person is to perform the duties of the office. Primarily governors, through their power of appointment, shape the character and quality of the California judiciary. There are about 1500 judgeships in California, and any governor who serves two terms will have the opportunity to make over 800 appointments which include both new judges and promotions to higher courts.
任满两届的州长，大约能任命800个法官，包括新法官和提升的法官。 总体印象，还是行政权力比较大。而不是司法权利最大。
wushuren
综合杂谈名誉斑竹
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WHEN AND HOW ARE JUDGES ELECTED?
California uses one election system for trial court judges and another for appellate court justices.
Judges of the municipal and superior courts, which are the state's trial courts, serve 6-year terms. Candidates compete in nonpartisan races in June and November of even numbered years. If only one candidate runs in June, election is automatic without the need for a vote and the name is not even listed on the ballot. (About 90% of incumbent judges run unopposed.) When two or more candidates run in June, anyone who gets more than 50% of the vote is declared elected. When no candidate gets over 50%, the top two compete in a run-off election in November.
Justices of the Supreme Court and the courts of appeal serve 12-year terms. They are on the ballot only in November every four years when a governor is being elected. Justices who were appointed after the last gubernatorial election and those who are running for reelection after the expiration of the terms are listed without opposition on a nonpartisan ballot. Voters decide whether they continue in office or not by voting Yes or No. If the vote is No, the governor appoints a replacement who will be on the ballot in 4 years at the next gubernatorial election.
加利福尼亚州的法官如何被选。审判庭为六年任期，有竞争的时候，超过50%的票的当选，都没超过，就在11月进行淘汰。没竞争的时候，直接当选，不用选举。
最高法院12年任期，如果有新的州长，那么四年就要改选，或者任期满，改选，选民只是选择保留该法官或者不保留。空出的位置，州长去物色新的人选。
California uses one election system for trial court judges and another for appellate court justices.
Judges of the municipal and superior courts, which are the state's trial courts, serve 6-year terms. Candidates compete in nonpartisan races in June and November of even numbered years. If only one candidate runs in June, election is automatic without the need for a vote and the name is not even listed on the ballot. (About 90% of incumbent judges run unopposed.) When two or more candidates run in June, anyone who gets more than 50% of the vote is declared elected. When no candidate gets over 50%, the top two compete in a run-off election in November.
Justices of the Supreme Court and the courts of appeal serve 12-year terms. They are on the ballot only in November every four years when a governor is being elected. Justices who were appointed after the last gubernatorial election and those who are running for reelection after the expiration of the terms are listed without opposition on a nonpartisan ballot. Voters decide whether they continue in office or not by voting Yes or No. If the vote is No, the governor appoints a replacement who will be on the ballot in 4 years at the next gubernatorial election.
加利福尼亚州的法官如何被选。审判庭为六年任期，有竞争的时候，超过50%的票的当选，都没超过，就在11月进行淘汰。没竞争的时候，直接当选，不用选举。
最高法院12年任期，如果有新的州长，那么四年就要改选，或者任期满，改选，选民只是选择保留该法官或者不保留。空出的位置，州长去物色新的人选。
