Analysis Of Jurisprudence Of Chinese Judicial Exam System

As deepening step by step of our construction in rule of law, the problemof "person"comes out more and more seriously in various phases of the law'srunning. These questions embodies centrally in the phase and the persons ofthe law's final running, which is judicature .The judge eats with the plaintiffand then with the defendant, the Lawyer only charges money and does nothandle affairs, and the procurator only inspects and obeys the directions of theCommittee of Discipline. These persons are deficient either in basicknowledge ability, or in legal faith, or in personal morals, all of which lead tothe facts that the miscarriage of justice is outstanding day by day, and thejudicial corruption is more and more serious. However, law circles and thedepartments of practice have all notice that the law can't run by itself. Theyfeel it is the time to change the past style of objectivism of narrating in thelegal practices and in the legal research, to break through the confine of theideas that withdrawing person means to ruling by men and that the system isomnipotent. At the same time, we should make it in our agenda improving thepersonal quality of lawyers, especially that of the judicial officers. Under this background, the uniform judicial exam system comes out.However, we have not made a systematic research on its constitution, statusand target, because of the lacks of deep argumentation in advance. And thus,which is also worse, we do not have a comprehensive and deep understandingof its inherent key intention, and we have not made a comparative analysiswith our national concept, and socialized it. So the function which would havecaused by the judicial exam system can't be fully given play and thedevelopment prospect of this system is not clear enough. This thesis attempts,in terms of jurisprudence, to unify the functions of improving the standard ofknowledge of judicial officer and promotion of the professional form -6 1 -characteristic, which are contained in the judicial exam system, thus to definethe system has a profound sociological meaning to the development of theprofession of judicial officer and the whole legal profession of our country,while expecting to benefit, to some extent, judicial exam system indevelopment and judicial reform which is in the bottleneck period. The preface of the thesis pointed out the significance of judicial officerand its selection. The judicial exam is to pay attention to judicial officer'sdynamic role and is a means to utilize it actively and limit its passive action inadvance. At first, the thesis, on the basis of comparing the systems of variouscountries, make a rough introduction on the legal family backgrounds,fundamental properties, and various kinds of judicial exam, so to offer thematerials and to establish the foundation for launching further description.Thought in the article, it reflects differences of legal profession between thetwo fundamental legal families, and only exists in the continental legal family.It is a professional qualifying one which is directed to the judicial officerincluding the judge and public procurator. It is an essential but not abundantcondition which is engaged in the profession of judicial officer, is one of theimportant link and modes of the selecting system in the profession of judicialofficer, and the basic system of the profession of judicial officer. There areseveral classifying methods, such as the uniform and the divided, the phasedand the once, the limited and the open and so on. Section two introduced Chinese judicial exam system. China implementof the system is because there is no standardized quality selection and trainingsystem before, which not only made the judicial officer's specialty far from thesocial require and incongruous with the supply of real talent of education oflaw, but also made judicial officer's professional form s conflicting with theideal state...