Court Staff Classification Reform Research

The classification of court personnel is an important part of the judicial system,which provides the support and guarantee for the smooth operation of the litigation system.The work of the court mainly includes judicial affairs,judicial assistance and administrative affairs.Among them,the judicial affairs are divided into the ruling affairs and the non-ruling affairs.The administrative affairs are divided into the court management affairs and judicial administration affairs.The type of trial assistance affairs is more diverse.These different affairs will affect each other in the judicial process,forming a dominant relationship which is the essence of power.Affairs type is the premise and basis for the division of the type of court personnel,and all kinds of affairs correspond to power,the deep essence of the court personnel classification is the allocation of the internal power of the court.“The separation of powers helps to achieve the check and balance thereof and promote judicial justice”should be the basic principles of the court personnel classification.“Combing the historical context,building the basic theory,regarding the court,reflecting on the practice of reform,refining the classification scheme.” This is the basic way to study the reform of the court personnel classification.The court personnel classification is an eternal topic.Since the establishment of a modern court system in the late Qing Dynasty imitated Japan,personnel classification problems have been inherent in judicial practice and have been always go hand in hand."The Court Organization Law of The Republic of China inherited from and revised the Court Establishment Law of the Qing Dynasty,formed a more perfect court personnel type,and highlighted the judge's independent judicial status.The Shaanxi Gansu Ningxia Border Region Government during the Anti Japanese War to a certain extent absorbed some provisions of the Court Organization Law of the Republic of China,because of the objective environment of the war and revolution,judicial system thereof was characterized by revolutionary and war factors.Although there are some differences in these three specific forms of the court personnel classification,it also has something incommon: all of them took the court personnel classification as the premise and basis for the effective operation of the litigation system,allocating the resources within the court according to the practical needs of various power,thus administering justice.Of course,due to the different historical environment and objective conditions in different periods and stages as well as differentinterpretations of the judicial justice,there were respectively different court personnel classification model and power distribution mode.Being deeply influenced by the Soviet model,the court system of the People's Republic of China was characterized by the administrative bureaucracy of organization,lack of scientific division of personnel,disturbance of power distribution,logic chaos between judicial field and administrative field,judicial power improperly restricted by the administrative power.With the development of economy and society,the court has been recognized by all circles asfunctioned in an independent and fair way.In order to ensure the normal function of the court,the internal structure of the court must be adjusted.The reform of court personnel classification has been put on the agenda and put into practice.Promoting judicial justice is the ultimate goal of the court personnel classification.Therefore,the reform of court personnel classification is not only a simple technical issue,but also involves complex theoretical propositions.It is necessary to clarify the basic principles by clarifying the internal logic of the classification of court personnel,and scientifically analyse the various problems in the classification of court personnel.The current theoretical research is mainly based on the judicial independence.With the development of the research,some scholars have introduced the theory of social division of labor into the field of the study of court personnel classification.The judicial justice pursued by the court personnel classification shows that the relationship between the various types of personnel involved in the division of labor is essentially the power relationship.The reform of the court personnel classification will be from the superficial division of labor to the deeper decentralization.The decentralization theory has a long history and various forms.Regardless of the form,its essence is to strengthen the supervision and restriction of power.The decentralization theory requires clear power boundaries,no trespass between each other,and preventing the abuse of power.Decentralization theory did not receive due attention in the court.There are two extremes of power within the court: either continue to strengthen the administrative power of the president,and tosuppress the judicial power of judge,or ignore necessary administrative management in the name of dispelling judicatory with administrative characteristic.The reform of the court personnel classification must pay close attention to the relationship between the various powers,establish the central position of the judicial power,eliminate the improper influence of the administrative power,and attach importance to the significance of the judicial auxiliary power to guarantee the judicial justice.The reform of the court personnel classification is not only a simple classification of affairs and personnel,but alsoneed to fully consider the power allocation and litigation needs in court,at the same time paying attention to practical use.In essence,the court personnel classification is to re-configure the internal power of the court,clarify the position and relationship between the various powers,and create a good environment for the independent exercise of judicial power.No right to sue,no jurisdiction power,based on the general description of the court,namely“the parties being on the spot,the judge listening to the speech”,The court is considered to be a closed space in which judicial power and litigation affect each other,the effect of the reform of the court personnel classification only can be reflected truly in the specific court space.The judge,the parties and the trial assistant constitute the basic body of the court's operation,respectively assume their respective powers and responsibilities,in the court to reweave the judicial power network.The court personnel classification determines the power relationship in the court,and the power relationship in the court is the reflection of the court personnel classification model.It is taken for granted that judges exercise judicial power independently in the era of the rule of law,but in China's judicial practice,judges exercise judicial power is in a dilemma.On the one hand,in the court,due to the interference and suppression of administrative power,the judicial power can not remain neutral;On the other hand,in the case of the party's main body status and the actio has been strengthened,the judicial power should keep the necessary restraint.The judicial power is in an awkward "double relation",The relationship between the administrative power and the judicial power is not good,it will affect the relationship between the urisdiction and the actio,and the relationship between the actio and the judicial power is not good,and it will affect the relationship between judicial power and administrative power.The judicial power becomes the medium of administrative power and the actio,it shows that the structure,value,and technology are consistent and relevant,between the court personnel classification model and the power operation mode in the court.Based on this,the judicial power should be used as a bridge and link to connect the court organization system and the court operation.The powers should be integrated to establish a progressive power relationship: the actio restricts the jurisdiction,thev restricts the administrative power,the judicial power and the trial auxiliary power realize relative restriction,to realize the coordination between the reform of court personnel classification and the allocation of court power.Reform of the court personnel classification has been pushed across the country,but thisdoes not mean that the reform has been fully completed.Some reform programs show that the reform of the court personnel classification is still rough,For example,the proportion of various types of personnel as the center of the reform of the court,the legitimacy and rationality of some reform measures have been questioned,specific technical operations are also lack of scientific nature,the effectiveness of the reform has not achieved the desired objectives.There are two particularly important relationships that are ignored,first,the relationship between the various types of staff within the court;the second,the relationship between the court personnel classification model and the court model.These problems are due to the lack of theoretical preparation for the reform of the court personnel classification,as well as the coordination between the court personnel classification reform and the litigation system has not been fully considered.According to the basic principle of court personnel classification,reformers should pay attention to the rights and responsibilities of all types of personnel,properly handle the following three relationships: first,under the premise of responsibility,power and interests match each other,the proportion of various types of personnel can be identified;secondly,we should adopt a more reasonable way to deal with the relationship between judicial power and trial auxiliary power;third,judicial power and administrative power should be separated,to realize “the trial is the trial,the executive is the executive”,in this way,it is helpful to reduce the direct contact between executive and trial,and to minimize the impact of administrative power on judicial power.After reflecting on the reform of the court personnel classification,in a way from theory to practice,we should set up a more refined model of court personnel classification.Judges,trial assistants,and administrators should be divided into smaller categories,with clear qualifications,duties,responsibilities and relationships.According to the difference of the court hierarchy and case object,the United States federal judges in the court system is divided into five categories: the Supreme Court judges,justice of appeal,district judge,Magistrate judges,a special court judge.According to the judge's work content,judges are divided into trial judges and research judges in France;in Japan,there are experienced judges specializing in judicial training.According to China's judicial practice,judges can be divided into many kinds according to different standards.First,according to the type of proceedings,the judge can be divided into the fast judge,the summary procedure judge and the common procedure judge,each kind of judge has different request to the judicial technology and the judicial experience.Second,according to the court trial level function and the judge's priorities aredifferent,take a vertical approach,the judge is divided into three categories: Trial judge,judge who corrects a wrong judgment,judge in a lower court,judge of judicial policy.The trial assistant is mainly composed of the clerk,law clerk,judicial police and other professional and technical personnel.According to the court's internal administrative affairs and external administrative affairs,administrative personnel were divided into full-time administrative officials,registration staff,secretarial and administrative assistant,HR managers,financial officers and civil enforcement personnel.Typology provides convenience for the subject to understand the object.Because it is the subjective behavior of the people based on their own needs,so,after the sample type is likely to deviate from the original appearance of things,resulting in the deviation of understanding.Therefore,in the reform of the court personnel classification,we should pay attention to the hidden risks of the type itself.