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郭国汀律师专栏
·历史耻辱柱上的中国法官
·中国律师受迫害的根源何在?-—声援支持高智晟律师
·良知律师朱久虎被刑拘突显中国司法制度的流氓化/郭国汀
·闻小乔遭警方驱逐毒打有感
·强烈谴责中共专制暴政纵容黑社会暴力侵袭郭飞雄先生的暴行!
·敬请各界朋友们关注声援支持正在为全民族承受无边苦难的英雄郭飞雄
·郭国汀敦促胡锦涛立即无条件释放人权英雄郭飞雄、高智晟的公开函
·强烈谴责上海市当局非法拘禁李剑虹 郭国汀
·专制流氓暴政本质的再暴露——强烈谴责中共流氓黑社会企图暗杀高智晟律师
·严正责令胡锦涛立即无条件释放朱宇飙律师!
·评论严正责令胡锦涛立即无条件释放朱宇飙律师!
·强烈谴责中共专制暴政迫害人权律师杨在新!
·强烈谴责胡氏专制暴政滥施淫威迫害当代中国最高贵的人吕耿松
·中共专制暴政再次公然指鹿为马!——我为陈树庆先生抗辩
·强烈谴责中共流氓专制暴政悍然施暴人权律师李和平!
·谁是精神病?!敬请关注自由思想者贺伟华先生
·郭国汀敬请全球华人关注自由思想者贺伟华
·强烈谴责胡氏专制暴政对中国知识分子的政治迫害!---我为荆楚抗辩
·严正警告胡锦涛:立即无条件释放高智晟律师!
·郭国汀谈胡佳案
·恶法不除,国无宁日/郭国汀
·严正学先生何罪之有!
·中国涉外案件没有一起获得执行 郭国汀
***(50)坎坷人权律师路
·郭国汀致中国律师网全体新老网友的公开函
·成为一名人权律师!---郭国汀律师专访
·令我热泪横流的小诗 郭国汀
·无知缺德者当权必然造成人为灾难--正视科学尊重科学
·我们要说真话-答红旗生的蛋 郭国汀
·出身论,成份论应当休矣!
·民族败类!你是否中国人?
·说句心里话
·孔子当然伟大.郭国汀
·时代不同了! 郭国汀
·可敬的国安公安或网警请自重!
·我们决不再沉默! 郭国汀
·秋池君倡议创立中共中国律师网上支部有感/南郭
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·错兄你该醒醒了!
·给某北大高材生的公开函
·答"语文大师"之指责
·答错别字的终结者/南郭
·吾不同意你的观点,但捍卫阁下的自由表达权。错兄的贴还是应当保留
·答龙吟君/南郭
·答紫兄质疑/南郭
·答醉翁
·答迷风先生/南郭
·驳上海当局特务造谣抵毁郭国汀律师的谎言/南郭
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***(51)国际人权法律与实务
(A)***国际人权公约(中英文本)
·国际人权法律资料 世界人权宣言
·国际人权法律资料 公民权利和政治权利国际公约
·国际人权法律资料 法国人权与公民权宣言[人权宣言]
·国际人权法律资料 美国独立宣言
·国际人权法律资料 经济 、社会 、文化权利国际公约
·国际人权法律资料 保护人人不受酷刑和其他残刑和其他残忍不人道或有辱人格待遇或处罚宣言
·禁止酷刑和其他残忍不人道或有辱人格的待遇或处罚公约
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·国际人权法律资料 囚犯待遇最低限度标准规则
·国际人权法律资料 国际刑事法院罗马规约
·消除基于宗教或信仰原因的一切形式的不容忍和歧视宣言
·联合国囚犯最低标准待遇规则
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联合国司法独立的基本原则(1985年)

联合国司法独立的基本原则(1985年)
   Basic Principles on the Independence of the Judiciary, Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milan, 26 August to 6 September 1985, U.N. Doc. A/CONF.121/22/Rev.1 at 59 (1985).
   
   Whereas in the Charter of the United Nations the peoples of the world affirm, inter alia, their determination to establish conditions under which justice can be maintained to achieve international co-operation in promoting and encouraging respect for human rights and fundamental freedoms without any discrimination,

   Whereas the Universal Declaration of Human Rights enshrines in particular the principles of equality before the law, of the presumption of innocence and of the right to a fair and public hearing by a competent, independent and impartial tribunal established by law,
   Whereas the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights both guarantee the exercise of those rights, and in addition, the Covenant on Civil and Political Rights further guarantees the right to be tried without undue delay,
   Whereas frequently there still exists a gap between the vision underlying those principles and the actual situation,
   Whereas the organization and administration of justice in every country should be inspired by those principles, and efforts should be undertaken to translate them fully into reality,
   Whereas rules concerning the exercise of judicial office should aim at enabling judges to act in accordance with those principles,
   Whereas judges are charged with the ultimate decision over life, freedoms, rights, duties and property of citizens,
   Whereas the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, by its resolution 16, called upon the Committee on Crime Prevention and Control to include among its priorities the elaboration of guidelines relating to the independence of judges and the selection, professional training and status of judges and prosecutors,
   Whereas it is, therefore, appropriate that consideration be first given to the role of judges in relation to the system of justice and to the importance of their selection, training and conduct,
   The following basic principles, formulated to assist Member States in their task of securing and promoting the independence of the judiciary should be taken into account and respected by Governments within the framework of their national legislation and practice and be brought to the attention of judges, lawyers, members of the executive and the legislature and the public in general. The principles have been formulated principally with professional judges in mind, but they apply equally, as appropriate, to lay judges, where they exist.
   Independence of the judiciary
   1. The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.
   2. The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.
   3. The judiciary shall have jurisdiction over all issues of a judicial nature and shall have exclusive authority to decide whether an issue submitted for its decision is within its competence as defined by law.
   4. There shall not be any inappropriate or unwarranted interference with the judicial process, nor shall judicial decisions by the courts be subject to revision. This principle is without prejudice to judicial review or to mitigation or commutation by competent authorities of sentences imposed by the judiciary, in accordance with the law.
   5. Everyone shall have the right to be tried by ordinary courts or tribunals using established legal procedures. Tribunals that do not use the duly established procedures of the legal process shall not be created to displace the jurisdiction belonging to the ordinary courts or judicial tribunals.
   6. The principle of the independence of the judiciary entitles and requires the judiciary to ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected.
   7. It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions.
   Freedom of expression and association
   8. In accordance with the Universal Declaration of Human Rights, members of the judiciary are like other citizens entitled to freedom of expression, belief, association and assembly; provided, however, that in exercising such rights, judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary.
   9. Judges shall be free to form and join associations of judges or other organizations to represent their interests, to promote their professional training and to protect their judicial independence.
   Qualifications, selection and training
   10. Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law. Any method of judicial selection shall safeguard against judicial appointments for improper motives. In the selection of judges, there shall be no discrimination against a person on the grounds of race, colour, sex, religion, political or other opinion, national or social origin, property, birth or status, except that a requirement, that a candidate for judicial office must be a national of the country concerned, shall not be considered discriminatory.
   Conditions of service and tenure
   11. The term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law.
   12. Judges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age or the expiry of their term of office, where such exists.
   13. Promotion of judges, wherever such a system exists, should be based on objective factors, in particular ability, integrity and experience.
   14. The assignment of cases to judges within the court to which they belong is an internal matter of judicial administration.
   Professional secrecy and immunity
   15. The judiciary shall be bound by professional secrecy with regard to their deliberations and to confidential information acquired in the course of their duties other than in public proceedings, and shall not be compelled to testify on such matters.
   16. Without prejudice to any disciplinary procedure or to any right of appeal or to compensation from the State, in accordance with national law, judges should enjoy personal immunity from civil suits for monetary damages for improper acts or omissions in the exercise of their judicial functions.
   Discipline, suspension and removal
   17. A charge or complaint made against a judge in his/her judicial and professional capacity shall be processed expeditiously and fairly under an appropriate procedure. The judge shall have the right to a fair hearing. The examination of the matter at its initial stage shall be kept confidential, unless otherwise requested by the judge.
   18. Judges shall be subject to suspension or removal only for reasons of incapacity or behaviour that renders them unfit to discharge their duties.
   19. All disciplinary, suspension or removal proceedings shall be determined in accordance with established standards of judicial conduct.
   20. Decisions in disciplinary, suspension or removal proceedings should be subject to an independent review. This principle may not apply to the decisions of the highest court and those of the legislature in impeachment or similar proceedings.

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