1. A judge refers to a judge who is produced according to the procedures prescribed by law and exercises state judicial power in judicial organs (usually courts) according to law, and is the executor of judicial power. In countries with different legal systems, the role of judges is different, but the requirements are impartial, not influenced or bound by others, and adjudicate cases impartially according to the law. Japanese judges are called judges, while judges in Taiwan Province Province used to be called judges, but later they were changed to judges. In China, Article 2 of the Judges Law of People's Republic of China (PRC) clearly stipulates that "judges are judges who exercise state judicial power according to law, including presidents, vice presidents, members of judicial committees, presidents, vice presidents, judges and assistant judges of special people's courts such as the Supreme People's Court, local people's courts at various levels and military courts."
In the trial of civil litigation, judges should be produced according to the procedures prescribed by law and exercise the state's civil litigation jurisdiction according to law. Judges are not subject to interference from any administrative organ, social organization, enterprise, institution or individual in the trial process. A judge should be an independent and neutral third party with legal and natural jurisdiction.
The Judges Law of People's Republic of China (PRC) also stipulates the rights and obligations of judges, who perform their duties according to law and are protected by national laws. Judges must faithfully implement the Constitution and laws and serve the people wholeheartedly.
2. Prosecutors are prosecutors who exercise the procuratorial power of the state according to law, including chief procurators, deputy chief procurators, members of procuratorial committees, procurators and assistant procurators of special people's procuratorates such as the Supreme People's Procuratorate, local people's procuratorates at various levels and military procuratorates.
The duties of the prosecutor in China
(a) to carry out legal supervision according to law.
(2) to bring a public prosecution on behalf of the state
(3) Investigating criminal cases directly accepted by people's procuratorates according to law.
(4) Other duties as prescribed by law.
Obligations of prosecutors in China.
(1) Strictly abide by the Constitution and laws.
(two) to perform their duties must be based on facts, take the law as the criterion, enforce the law impartially, and not bending the law.
(three) to safeguard the public interests of the state and society, and to safeguard the legitimate rights and interests of natural persons, legal persons and other organizations.
(four) honest, loyal to their duties, abide by discipline, abide by professional ethics.
(five) keep state secrets and procuratorial work secrets.
(6) Accept legal supervision and mass supervision.
Rights enjoyed by prosecutors in China
(a) the functions and powers and working conditions that should be possessed to perform the duties of public prosecutors;
(two) to perform procuratorial duties according to law, without interference from administrative organs, social organizations and individuals;
(3) It shall not be dismissed, demoted, expelled or punished without legal reasons or legal procedures;
(four) to obtain labor remuneration and enjoy insurance benefits;
(five) personal, property and residential safety are protected by law;
(six) to participate in training;
(seven) to lodge a complaint or accusation;
(8) Resign.
To be a prosecutor, you must meet the following conditions.
(1) Having China nationality.
(2) Having reached the age of 23.
(3) Support the Constitution of People's Republic of China (PRC).
(4) Having good political and professional qualities and good conduct.
(5) Good health.
(6) Graduated from an institution of higher learning with a bachelor's degree in law or a non-law major with legal professional knowledge, and engaged in legal work for two years, including serving as the chief procurator of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government or the prosecutor of the Supreme People's Procuratorate, and engaged in legal work for three years; Master's degree, doctor of law or master's degree or doctor's degree of non-law major, with legal professional knowledge, engaged in legal work for one year, among which, those who served as chief procurator or procurator of the people's procuratorate in the Supreme People's Procuratorate, a province, autonomous region or municipality directly under the Central Government, engaged in legal work for two years.
Public procurators before the implementation of the Public Prosecutors Law of the People's Republic of China who do not meet the requirements specified in Item 6 of the preceding paragraph shall receive training, and the specific measures shall be formulated by the Supreme People's Procuratorate.
If it is really difficult to apply for the academic qualifications specified in Item 6 of the first paragraph, the Supreme People's Procuratorate may relax the academic qualifications for serving as a prosecutor within a certain period of time after examination and confirmation, subject to graduation from a law school.
The following persons shall not serve as prosecutors:
(1) Having received criminal punishment for committing a crime;
(2) Being expelled from public office.
Prosecutors in charge of criminal cases are responsible for receiving complaints, questioning parties and witnesses, conducting investigations and prosecuting. A procurator who exercises the procuratorial power of the state according to law is a person in the people's procuratorate who meets the statutory conditions and is elected or appointed by legal procedures to independently exercise procuratorial power and perform legal supervision duties on behalf of the state according to law. Specifically, prosecutors include chief procurators, deputy chief procurators, members of procuratorial committees, procurators, procurators and assistant procurators of special procuratorates such as the Supreme People's Procuratorate, local procuratorates at all levels, railway transport procuratorates and military procuratorates; It is divided into four levels: chief prosecutor, chief prosecutor, senior prosecutor and prosecutor. Among them, the Attorney General of the Supreme People's Procuratorate is the Attorney General.
The Law of the People's Republic of China on Public Prosecutors was adopted by the 12th meeting of the Eighth NPC Standing Committee in People's Republic of China (PRC) on February 28th, 2005, and came into force on July 28th, 2005. The law was amended on June 30, 2006 at 5438+0.
Conditional supplement
Generally, you need a bachelor degree or above in law or related majors, and you need to pass the judicial examination and the civil service qualification examination before you can serve. Received professional training in civil administrative inspection.
Generally, more than 2 years legal work experience is required. Familiar with procuratorial work and relevant laws and regulations of the state, with certain policies, legal level and handling ability, good political and professional quality and good conduct; Have rich legal knowledge, social experience, life experience and the ability to deal with various complex problems. Love procuratorial work, have a certain dedication to work, and can bear certain psychological pressure. Loyal to the law, procuratorial work for the public and law enforcement for the people.
According to the nature of work, lawyers can be divided into full-time lawyers and part-time lawyers. According to the scope of business, lawyers can be divided into civil lawyers, criminal lawyers and administrative lawyers. According to clients and working status, lawyers can be divided into social lawyers, corporate lawyers and public lawyers. Lawyer's business is mainly divided into litigation business and non-litigation business.
As far as the attributes of "lawyer" are concerned, they include: first, they have certain legal knowledge, and according to the provisions of the current Lawyers Law, they have legal knowledge of "bachelor degree or above in law major in colleges and universities" or "bachelor degree or above in other majors in colleges and universities"; The second is to pass the national "judicial examination" and obtain qualifications; The third is to obtain a practicing certificate with the approval of the national judicial administrative department; Fourth, provide legal services to the society and take it as a profession.
Among the above four basic characteristics, the first one or two are possessed by other legal workers, such as law enforcement workers, judicial trial workers (judges) and judicial procuratorial workers (prosecutors); The latter two items are unique to lawyers.