On Judicial Examination System Reform Of China

The Standing Committee of National Parliament of China carried out a modifiedbill of judge law and Law of public procurator on June 2001, Which regulated that topass the Judicial Examination is the exclusive way for judges and inquisitors to getthe certificate of legal profession in the future. The establishment of JudicialExamination System is the key step to the formation of legal profession community.Just as the emergence of other reformative measures, the application of JudicialExamination System also aroused a hot debate in theoretical and practical area of law.The discussion includes the following problems: which kind of Judicial Examinationdo we need for the legal profession? How can we arrange the concrete systems tomake them more reasonable? What can we do to achieve the harmony between theJudicial Examination and the relative mechanisms? To solve this problems, this paperwill mainly focus on the discussion of the mode of Judicial Examination,theconcrete mechanisms of Judicial Examination, the corporation of JudicialExamination with legal education and legal profession. These discussions are basedon the analysis of the measures and mechanisms of continental legal system and thestatus of our country. The first part of the paper concentrates on the mode and value of the JudicialExamination: There are mainly two ways to differentiate the mode of Judicial Examination allover the world: Certificate Exam of Lawyer and Certificate Exam of LegalProfession, according to different object of exam; Qualification Exam of Candidatesand Qualification Exam of Occupation, according to the different function of exam.After a profound analysis of the mode of main counties of two legal systems, I drawthe conclusion that the existed mode is preferable, that is the unitary mode.The value of Judicial Examination consists of two parts, the value as a tool and thevalue as a goal. To accelerate the formation of legal profession community,economize legal resource, improve the ability of legal profession are the values as atool, to realize the justness is the value as a goal.As the main section of the paper, the second part focuses on the concrete mechanism of Judicial Examination. The following proceedings are proposed: As referred to the manage mechanism of Judicial Examination, the coordinate committee should be replaced by the administrative committee which is selected from experts on law, personnel, finance, education etc. by the Standing Committee of National Parliament of China. The committee will take charge in the constitution of related measures of exam and the department of Judicial Examination will take charge in the application. As referred to the qualification of candidates, I suggest maintain the existing prescript which allows the undergraduates whose majors are other than law to attend the exam, and to set a strict standard of qualification censor. As referred to the form of exam, I suggest to test for twice, the first exam will mainly test the foundermental theory of law, candidates who have a bachelor's degree on law can be exempted form the first exam. The second exam will mainly test the application capacity of all the candidates. An oral test which tests the oral expression ability of candidates is necessary in the second exam. As referred to the holding-time of Judicial Examination, I suggest a fully consideration of this year's graduates. The perfect schedule is as follow, to sign up on February and March, to take the first exam on April, to get the result on June, to sign up for the second exam on July, to take the second exam on September, to get the result on October, and to apply for the certification on November. The probative materials of this year's graduates can be diversified. As referred to the passing-rate of the Judicial Examination, I think it should be fixed according to the needs of the society and remained comparatively lower level. There can be some special policies in Judicial Examination. The first one is Awarding Mechanism of legal profession. Some professors and vice professo...