Research On The Judge Selection Mechanism Under The Background Of Post System Reform

The 18 th National Congress of the Communist Party of China proposes to comprehensively promote the rule of law,accelerate the construction of a socialist country ruled by law,adhere to fair justice,and strive to make the people feel fair and just in every judicial case.In order to achieve this goal,it is an important task to build a high-quality team of rule of law.At present,China is carrying out the reform of the post system of judges,which is an important part of the judicial system reform of the people's court.The reform of the post system of judges is to allocate trial human resources according to the law of justice,so that the judges can be regularized,professionalized and professionalized.The reform of the post system of judges has created good conditions for building a professional team of judges and laid a solid foundation for the internal management system of the judiciary.An important part of the reform of judge post system is judge selection mechanism.In the 2014 decision of the CPC Central Committee on several major issues of comprehensively promoting the rule of law,it is pointed out that a set of scientific and reasonable judge selection system should be established in order to build a high-quality,standardized,professional and professional team for the rule of law and improve the professional quality and professional level of judges.Scientific and reasonable judge selection system is conducive to the formation of high-quality legal professional groups,better solve the problem of judicial corruption,thus conducive to the realization of judicial justice and judicial authority.The first part is the introduction,which analyzes the background and significance of the topic in detail.The second part discusses the basic theory of the judge selection system under the background of post system.Through the introduction of the concept,characteristics,principles of the judge selection system,as well as the historical evolution and current situation of the judge selection system,it lays the foundation for the writing of the full text.The third part selects the judge selection system of three countries as the research object,which are the United States,Germany and Japan,hoping to get some enlightenment for the judge selection system under the current post system background by studying the judge selection system of foreign countries and regions.The fourth part from the reality,combined with the current situation of post system reform,summed up the problems of judge selection system in China.From the perspective of selection concept,there are administrative featuresin the selection concept of judges in China.In terms of system,the position of the selection committee in China is not clear.At present,the scientificalness of the selection system of judges is still lacking,and there is an unreasonable proportion of posts,the selection process of judges is jumbled,the withdrawal mechanism of the entry judges and the diversion mechanism of the non entry judges are not perfect.The fifth part is based on the fourth part of the post system in the context of reform,to improve the selection system of judges in China.First of all,we should abandon the concept of administrative selection;second,we should make clear the position of the main body of post judge selection;third,the system of judge selection needs to be improved,which includes: under the premise of scientific unification,the standard of judge selection should be clear,the scope of judge selection should be expanded,and the proportion of post judges should be determined according to local conditions;we should improve the procedure of judge selection and the training of reserve judges Finally,we should improve the exit mechanism of the entry judges and the diversion mechanism of the non entry judges.Through these measures,I hope that in the context of the current post system reform,it can provide a modest contribution to the improvement of the judge selection system in China.