| This paper attempts to respond to the following four core issues in the reform of the judges' post system:First,what is the system of judges' posts?Second,why should institutional changes be made to the post system of judges?Thirdly,what is the institutional impact of the judges' post system on the professional choice of judges?Fourthly How to calculate the judges post for the future?The first part,from the perspective of the concept of the Judge post system,radical reform,first of all,its institutional connotation is clarified.Then the system evolution History of the judges post system is combed,and divided into the ancient gestation,the modern embryonic form,the modern basic formation of these three stages,pay attention to the excavation of historical data on the judicial officers in the management of the relevant content.The foreign experience of the judges post system was then introduced,and North America chose the United States,Canada,Asia to take Japan,South Korea,Europe has the most prominent western European countries,Germany,France,the Central European representative of Hungary,but also in the rule of law strong but rarely studied Nordic countries representative of Sweden,Finland.This has resulted in more samples of extra-territorial judges ' posts and has taken care of the traditional management of judges in different legal systems.The second part discusses why the reform of the post system of judges is needed.Reform is actually institutional change.Therefore,for this part of the discussion,drawing on the theory of institutional change of the new institutional economics,this paper summarizes the system and system changes from the perspective of the new institutional economics,and then carries out the "demand-supply"analysis on the reform of the judges' post system,and discusses the demand and supply factors which affect the reform of the post system respectively.Any system needs cost,the system cost of the judge post system is classified and analyzed,and the characteristics of each kind of cost are summarized.Then,the paper discusses the path dependence of the post system reform,and analyzes the factors that trigger the path dependence of the post system reform.Finally,this paper discusses the time-delay problem,and from the point of view of time,puts forward the tmporal consideration in the post system reform and analyzes its influencing factors.The third part,the refom of the judges post system involves the vital interests of the court staff,how to understand and respect the reasonable demands of the stakeholders,and properly coordinate the reform of the interests of all parties has become a key issue affecting the success of the post system reform.To this end,it is necessary to first define the "who participates in the competition" stakeholder,and secondly,the "cost-benefit" analysis of the entry or not,so as to rationally identify the system impact of the post system on the judge's strategic behavior;Finally,in-depth analysis of different types of stakeholders,in the amount of competition,abandonment,resignation "departure".The game resources and decision results of three game strategies are chosen.Finally,in the course of the implementation of the post system,how many judges are sufficient?Or what criteria can be adopted to determine the number of judges?To the practical operation level,how to determine the lack of scientific calculation method of the judge post through the relevant factors,most of the existing research is based on qualitative analysis,but on the macroscopic grasp or list the relevant factors that may affect the judge Post,generalizing analysis of the factors affecting the judge post,and the serious lack of operability in practice.Therefore,it is necessary to use the methodology of econometrics and statistics to judge the judges' workload by constructing the judge's work load model,and then to determine the judge's post based on the actual work of the judges. |
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