Research On Court Support Profession

In the process of the construction and reform of the judge professionalism in China, the professionalization of judicial law clerks and court clerks is the necessary prerequisite and the pre occupation system framework for the implementation of the reform of judge personnel system. Although the status and vocational construction of court support profession of judicial law clerks and court clerks are the basic and auxiliary supporting occupations in the construction system of the whole legal profession, this realistic system reform problem has the directional and prospective guiding significance in the whole judicial system reform, which will become the highlight of strengthening efforts to develop the rule of law workforce in the new round of judicial system reform. The dissertation chooses the system reform and professional construction on court support profession of judicial law clerks as study subject, takes the theory of Marx's theory of law and the basic theory of law as the guiding ideology, using methods such as historical analysis, comparative analysis, empirical analysis, functional analysis, value analysis, and practical combination of research methods. The dissertation researches the court supporting profession system reform in the background of the judge personnel system reform in the new round judicial system reform, takes the system reform and professional construction of the court supporting profession of judicial law clerks as an important part of the research on the professionalism construction of the whole of judges team, thus carries out a special research on it. This dissertation is divided into nine chapters.Chapter 1 is the introduction, which demonstrates the origin, the object, the background, the theoretical and practical significance of the study. Provide a comprehensive review of current research findings on the all kinds of occupation system reforms of judicial law clerks. Introduce the guiding ideology, ideas, methods, main contents and innovation points of the research.Chapter 2 discusses the historical evolution and the local resources analysis of the court support profession of judicial law clerks. From the historical evolution of the traditional judicial system, explore the practical experience of the judicial system reform for reference in the current judicial system. Put forward: in order to understand and recognize a profession and a system correctly, it is necessary to investigate from the perspective of historical evolution. The judicial procedure system of our country in the past dynasties had set comparatively professional court support occupation. The judicial auxiliary occupation in ancient China, such as "Shu Li" and "Mu Li", can be regarded as the historical origin and the earliest description of the modern court support profession of judicial law clerks. Through the comparative analysis of the role orientation and the primary skill requirements of trial support profession in different times, including China's ancient times, the late Qing Dynasty and the Republic of China, after the founding of new China, since the judicial reform, deeply understand and cognize the historical development process about the system reform and professional construction of court support profession, correctly understand and recognize useful experience of local resources on court support profession of judicial law clerks.Chapter 3 discusses a comparative analysis of the two main legal systems of court support profession system, from the perspective of comparative law, analyses and demonstrates the system structure, system value and function of the court support profession in common law and continental law legal system. Focus on the analysis of the judicial law clerks system reform experience in the two legal systems, studies on the foreign advanced experience of judicial reform, in order to find out reasonable system arrangement for China's new round of the judicial system reform. Put forward: Throughout judicial system reform practice experience of the court system in the developed countries of the two major legal systems, it can be find that in the judicial system, developed countries, such as UK, USA, Germany, France, Japan and other countries, actively promoted the judge professionnalization reform and judicial law clerks professional system reform without exception. Modern law clerk system has been developed as an important functional system to ensure the professional construction of judges. The judge personnel system reform and judge professionalization construction being fully implemented should rationally use the successful experience on the reform and construction of judicial law clerk system in the judicial system reform of the two legal systems for reference.Chapter 4 discusses the practical experience and theoretical thinking of the reform of the court support profession system, systematically summarizes the exploration and practical experience of court support profession reform in the four five-year reform outline of People's Court, and then carries out the legal theory of institutional framework construction thinking on the basis of practical reason. Put forward:Although the assistant system of judges in the modern judicial auxiliary occupation system reform is the product of the practice of foreign judicial system reform, there are similar judicial system reform practice rational experience and practical demand in the socialist judicial system with Chinese characteristics. The motive of judicial reform comes from the practical needs of social reality and judicial practice, pilot and implementation of the reform measures of the judge assistant system reform in our country also comes from the practical needs of the trial work, especially comes from the practical needs of the court support profession when comprehensively implement the judge personnel system reform, and comes from the practical needs of the judicial system reform to the social development and progress. The implementation of the system reform of judicial law clerks occupation is the reality needs to realize the scientific division of trial function and profession, as well as the needs to realize procedural justice. To some extent, the success and failure of the law clerks reform determines the process of the construction of judge professionalism in our country. Strengthen the construction of judge's professionalism is the inevitable choice of China's new round of judicial reform to develop in depth, while the implementation of the trial support occupation system reform of judicial law clerks is the institutional foundation of the construction of judge professionalism.Chapter 5 discusses professional roles-localization of judicial law clerks and the functional role of professional construction, from the perspective of the overall function of the court support profession, discusses the connotation, classification and irreplaceable function of court support profession of judicial law clerks. Put forward: court support profession of judicial law clerks is the statutory, integrant, and necessary assistant for judges to perform their legal duties in accordance with the law and engage in judicial work, has irreplaceable auxiliary occupation system function and role. Their work quality and work efficiency, directly affect the fairness and efficiency of the trial work of the people's court. The professional construction of the judges in the new round of judicial system reform should contain the contents of the court support professional construction, thus the reform of the professional system of court support profession of judicial law clerks should be taken as an important content to synchronize in the current judge personnel systme reform and construction of the professional construction of judges.Chapter 6 respectively discuss the training requirements of occupation ethics, professional quality and comprehensive quality for court support profession of judge assistants, from the perspective of the professional construction of the court support occupation, demonstrate the quality training objectives and specific requirements. Put forward:As a special judicial auxiliary occupation, the professional quality training of the judicial law clerks is the foundation of the professional construction and reform. The court support profession of judicial law clerks is an integral part of the legal profession, for its judicial auxiliary works, such as registration, pre-trial preparation, trial recording, investigating and searching for evidence, panel discussion, pronouncing judgment, implementing, delivering, closing cases, archiving, etc., carry out throughout the whole process of the trial work. Their workload is great and complicated. There are transactional and procedural works, as well as technical and professional works. The quality, efficiency and level of their works directly affect the fairness and efficiency of the entire trial work, and therefore comprehensively strengthen the quality training of judicial law clerks is the only way, the essential foundation and the necessary lesson in strengthening the current construction of judge professionalism.Chapter 7 discusses the scope of responsibilities and the construction of vocational skills of the court support profession of judicial law clerks, including: filing registration and consulting reception skills, pre-trial procedure skills, auxiliary trial skills, trial record making skills, information collecting and communicating skills, judicial statistics and document writing skills, archiving skills, investigating and judicial writing skills, legal documents auxiliary production skills, auxiliary handling and processing of trial affairs skills, etc. Focus on pretrial procedure work skills and auxiliary production of referee instruments work skills.Chapter 8 is the conclusion part, which summarizes the achievment of this dissertation. The research background of the dissertation is based on the judicial personnel classification management reform and the judge personnel system reform comprehensively implemented in the national judicial system according to the documents of the fourth plenary session of the 18th central committee, based on the experience summarization of the people's court practices of judge personnel system reform and the jurisdiction operation mechanism reform, based on seeking institutional reform innovation from the thinking and research originated from practice. Through the use of empirical research method and research routs, try to carry out special research and summary the trial auxiliary profession system and professional skills of judge assistants. Through the empirical study of law, strive to solve all kinds of practical problems which exit in the professionalism system reform of court support occupation of judge assistants. Meanwhile, try to construct'court support profession of judicial law clerks' as a new branch of law subject in the practice of judicial reform, and make theoretic expansion from jurisprudence research field to the empirical application.