The Research Of Some Problems About Professionalizing Chinese Judiciary

The judiciary profession is not usual, but to request special diathesis, so judge must have experiences of the strict study education and training. The professionalizing of the judiciary is the stricter conception, it emphasizes the harmony between the individual diathesis and the whole, collective behalf, moral idea and exterior independence. It is the external request on the development of the society that we must push the measures of professionalizing judiciary in our country, it is also the experience summarization of reforming judiciary system for many years in our country, and it is the inevitable choice of realizing to manage state affairs according to the law. In practice, because judiciary system and administration don't adapt to the inherent request of modern justice, there are many questions in the constructing of judiciary procession in our country. If we push the measures of professionalizing judiciary, we must reform and reconstruct our court and judiciary management system roundly, advance the diathesis of judiciary procession energetically, consummate judiciary profession safeguard, and insure the independence of the individual judge. This article has three parts except foreword and epilogue, about 50 thousand, it's framework as the following:The first part: the professionalizing of the judiciary: it is the inevitable choice of the nomocracy. Firstly, we analyse the characteristic and connotation of the judiciary profession; secondly, we review the process of forming and developing the professionalizing of the judiciary in western developed country, and introduce three foreign representative patterns; finally, we demonstrate the inevitability and feasibility of carrying out the professionalizing of the judiciary in our country.The second part: practical status: primary questions about constructing the professionalizing of judiciary. Our country is pressed for tradition and culture of law, because of the difference idea and system, there are prodigious gap between the procession construct and the request of law society and there are many problems in justice practice: because the qualification of holding the judge post is lower, the system of selecting is not strict and not scientific, the quantity of our judiciary procession is giant, the diathesis of judge is low, and corruption phenomenon still exist. Local authority manage the court; it is difficult to realize judge independence as management of court is administrational and the profession safeguard is optional, jurisdiction is restrict badly.The third part: approach of realization: reforming and innovating judiciary system roundly. This part is the emphases in this article. Primary design: firstly, by reforming the judiciary selecting system, establishing the judiciary stuff quotient system and strengthening judiciary training system, we will improve the diathesis of our judiciary procession and realize the professionalizing and homogeneity of judiciary procession; secondly, by reforming court management and the deployment of the power in the court, and establishing profession safeguarding system, we will realize judiciary are independent; mirdly, by reforming personnel management, implementing to manage the judge by sequence, and perfecting the judge merit and rewards and punishment system, we will realize the judicial aim: equity and efficiency. In this article, I put forward bold and original assumption by linking with my experience in my work, for example: improve judiciary qualification, set up electing committee to implement the judiciary electing system, break the status gap to practise to elect judge and hold the judge post openly, calculate and ascertain the judiciary quantity, put forward new criterion and content about examining the judges and depose exactly the relations among the party, government and court, so this article is original and operating.