Comparative Study On China And Foreign Countries' Judge Management Systems

Judge management system in modern legal state is the result of bourgeois revolution. Legal states have established their own adaptive and increasingly perfecting judge management system through several centuries. The history of our judge management system has several thousand years, but the development history of modern judge management system is very short. New China established its own new judge management system and continually reformed and perfected it after 1949. Currently, the reform aim of our judge management system is to realize vocational judge procession.Judge management system is enacted around jurisdiction exertion, and it includes a series of management rules about judges'status, qualification, appoint and remove, safeguards, vocational training and discipline, etc.. The core of judge system includes judge vocation admittance system, training system, management system and safeguards system.Judge vocation admittance system is namely judge selection and appointment system. Foreign countries' judge selection and appointment system includes selection and appointment qualification, mode and procedure. Our judge vocation admittance system exists a good many limitation, such as faulty provision of selection and appointment qualification, unscientific selection and appointment system, lacking special standard and procedure of selection and appointment, unfit relative system, etc.. We can perfect the appointment qualification from judge candidates' range, age, legal work length and the difference of different level courts' appointment qualification; perfect the selection and appointment mode and procedure by building independent speciality organization to select, appoint and check judge, by elevating level of appointment body, reifiering selection and appointment procedure, etc.. In addition, we should also perfect quitting mechanism of unqualified judge and other matching measures.Judge vocation training system is the all kinds of scheming and organizational training of theory and operation to advance judges' diathesis and justice technique. There is a long history and rich experience of judge vocation training in U.K., Australia, France, Germany and Japan. Our judge vocation training system exists a good many of limitation, such as unscientific training system, lacking compulsion, lacking pertinency, monotone content, lacking excellent teachers, lacking examination system, etc.. We can perfect our judge vocation training system from building uniform judge training mechanism, defining training aim, intensifying rewards and punishment mechanism of training and examination, enactting strict training content, advancing training means and elevating level of judge training.Judge vocation evaluation system includes the mechanisms of examination, rewards and punishment, competitive vocation. Presently, our judge examination mechanism is not different from that of administration cadre evaluation system. The examination mechanism exists a good many of limitations in which content and standard disobey justice law, procedure and method is very simple, results is used unmerited. Therefore, we can perfect our judge examination mechanism from examination content and standard, procedure and results use. Our judge safeguards, status and promotion all can not inspirit judges effectively, so we should perfect it from the three aspects. In foreign countries, the judge discipline range is limited strictly, the discipline procedure is strict, and the power body usually is vocation judge. Our judge discipline system such as dean resignation and misjudged case liability system is charge upon judgment result, and this is not rational. We should reform our judge discipline system from charge upon misfeasance to judgment result. There is not competitive vocation mechanisms in legal states. The negative effect of competitive vocation in that such system intensify administration role of court evaluation, ignore the independency of judge vocation, and harm justice independency. We should reform competitive vocation mechanism mainly by reforming judge administration ranking.In legal states, judge vocation safeguards system include judge vocation for life and retire, fixed and rich earning, and limited justice exempt, etc.. Our judge vocation safeguards system exists a good many of limitations, such as incomplete, localized and administrative judge vocation safeguards system. To perfect our judge vocation safeguards system, we can try to build high-salaried system, court independent finance system, to perfect retire system, to add administration vocation, to build scientific judge dismissal and vocation stop system.