On The Professionlization Of Judge Of China

The professionlization of judge is a fundamental characteristic of modern countries of the rule of law, which is the result of progressiveness of judicial civilization. Now developing China is changing from traditional to modern country. Market economy reform is developing in depth and legislation system is also being put on the right track. Under such circumstance, training professional judge is urgently needed.Judge is the host team of performing judicial powers. All the countries which adapt judicial independence ensure the independence of judge as their core and basic judicial system. All judicial procedure in modern legality is set in order to ensure the judge who exercise his or her trial powers to judge by himself or herself and adjudicate fairly. The judge himself or herself take the judicial responsibility. That is, judicial powers and the judicial responsibility are individualizes. The extension of judge profession is independence, neutral, negative, uniformity, professionlization, technicalization and so on, and the intension is special ideology: alternative ideology, balanced ideology, regular ideology, procedural ideology and confirmative ideology. Nowadays, not only the Common Law systems but also the Civil Law systems pay an extremely attention to the construction of judge system. Although because of the differences of historical background, legal tradition and mode of lawsuit, various judge systems have various kinds of distinctive characteristics. The law systems in western countries have many thoughts and basic system in common, present the common needs and fundamental principle of modern legality. For example, both the Common Law systems and the Civil Law systems own a selecting system of judge, safeguarding system of judge andsupervising system which are suitable for their own legality tradition: the independence of judge, the strictly system of selecting and appointing of judge, the strictly system of guarantee of judge, such as the right guarantee of judge, the economic guarantee of judge, the diplomatic immunity system of judge, the strictly impeaching and punishing system of judge and so on. Comparing to the system of justice of western countries, restricted by the judicial tradition, the economic and political system, the Chinese judges nowadays are far from what they should be in the rule of law. There are lots of problems in the processing of the justice professionlization: the judicial localized setting, the administrative management of court and judge, the popularization of judge, the unlawful judicial activities. All of these undoubtedly do harm to judicial justice.As far as the judges who exercise law are concerned, if they cannot be independent, they can't be loyal to law and justice. The rule of law never repels man, and can't turn into the rule of man because of man. The professionlization of judge is not only an ideal but a complex of system, at least three aspects of system should be constructed. Firstly, the characteristic of justice determines that it is inferior to administration, thus we should establish a system to ensure that the judges perform the trial right independently. Secondly, the judges should posses a kind of professional skill to solve problems. Thirdly, we should establish a system to avoid that the judges use their power to pursue individual profit unlawfully. Thus, the professionlization of judge can't be developed isolated without suitable political reform. The construction of professionlization of judge should be developed as following: to Improve the leadership of the Party to handle legality, improving the supervisor right of the People's Congress upon the court, to have a good arrangement about the relationship between the court, the Party and the People's Congress, to reform the judicial system currently in effect, to ensure that the judges exercise the right of trial and handle the cases independently, to practicethe system of limited number of judge, to reform the system of selecting and appointing of judge, to reform the system of guarantee of...