Yargi reformunda , yargicin egitimi….!

mujdatguler

Degerli Arkadaslar,

Yargi reformunda en onemli unsur, ehil ve bagimsiz yargi mensubudur… Yargic egil ve bagimsiz olmazsa ne yaparsaniz yapin adil yargilamayi saglamak mumkun olmaz, yargic hem ekonomik olarak hemde yonetimsel anlamda bagimsiz olmalidir…

Ehil yargici bulmak icin amerikalilar soyle bir uygulama yapmislar..


Hukuk egitimi 4+ 3 yil … Normal universiteyi bitiren bir kisi uc yillik hukuk egitimi alarak hukukcu olabiliyor ancak bu kisileri belli surelerde  yeterlilik imtihanina tabi tutuyorlar..

Boylece kisinin muntazam olarak kendini yenilemesi ve yenilikleri takip etmesi gerekiyor…


Bitirme imtihanini kazananlar , iki yillik ihtisaslasma bolumlerine girip , ihtisaslasmis yargiclar yetistirilmelidir..


Imtihani kazanamayan hukuk mezunu kisiler isterlerse mahkemelerde eleman olma hakki verilmeli ve burada paralegal diye tabir edilen hukuk yardimcisi gorevine getirilmeli bu kisilerden adliyelerde ve avukat yardimciliginda yararlanilmalidir.

Buda kalitenin artmasina sebep olacaktir..

Yargida ehil hakimi yaratacak olan Hocalardir, bugunku hocalarimiz ne yazikki sermayenin adami olmus degil onlara hocalik vermek elini vermiyecegin adamlardir ve bunlar ortada saygin ve guvenilir insan olarak dolasmasi utanc vericidir..

Tuccar hocalardan ulkeyi kurtarmak gerekir, hocalik muessesesinide ehil ve ekonomik bagimsizligini vermezseniz onlarda ehil ve bagimsiz talebeler yetistiremez..

Okullarimiz bilirkisilik muessesinde eleman yetistirecek hale getirilmelidir.. Hakimin yetkisine giren alanlarda bilirkisiye dosyalar yollanmamali ve bilmez kisilerin bilir kisi olmasinin onune gecilmelidir..

Amerika sunlari iyi yapmis


1. Sehrin en guzel binalarini adliye saraylari haline getirmis,


2. Butcelerinden adliyeye onemli bir pay ayirmis ..


3. Avukatina ve yargicina ekonomik bagimsizligi saglamis ..


4. Teknolojinin tum imkanlarini yargiya getirmis .


5. Yargi erkine anayasa ile bagimlilik degil bagimsizlik vermis …


6. Yargi kararlari her zaman dogru ve mukemmel olmasada , sokaktaki insanin yargiya guvenini saglamis …


7. Icerde yerimiz yok simdilik bu kisiler disarda kalsin demek yerine , ceza evleri sayisini arttirarak sokagi rahat ettirmek icin suc isleyeni iceri almis..

Buna ragmen bugun dosya sayisi anormal arttigi icin artan dosya karsisinda hukukun ne hale geldigini gormek icin Amerikayi gormek yararli olacaktir..

Bizim hakimlerimizi ” Ehil , bagimsiz yapsanizda onlarin ustundeki is yogunlugunu azaltmadan onlara guveni tekrar yerine getirmeden , dogru ve guvenli yargilamayi saglamak mumkun olamiyacaktir.. “

Bugun yapilan yargi reformu degildir bugun yapilan yargi reformu yapiyoruz diyerek yargiyi ele gecirme operasyonunda kamu oyunun gozunu boyamaktir..

Yargi reformunu isteyecek olan siyasi iradeler veya muhalefet degildir bunu isteyecek olan kamu oyudur, yargi her turk vatandasi icin potansiyel tehlikedir .

Adalet piyangosu onlara vurdugunda , baslarlar aglamaya , ama bunun arkasindaki nedenleri arastirip..

Bu karari veren hakimin hangi siyasi baskilarla bu karari verdigini dusunmezler, bu karari veren hakimin ehil olup olmadigini dusunmezler, bu karari veren hakimin organize cetelerin icine karismis oldugunu dusunmezler , hakimini ehil ve bagimsiz yapmak icin mucadele etmeyen nesiller kendileri ehil ve bagimsiz olamaz diyerek yazimi bitirmek istiyorum..

Sevgi, saygi ve selam ile

Mujdat guler

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