The Professionalization Of Judges Between Belief And System

In the legal society, the authority owned by law mainly embodies in the professional judges' explanation and application of law. The professionalization of judges is the specific demand for the professional quality of judge. The characters of the professionalization of judges mainly includes as follows: Reverence for the law, specialization categorization,independence,passiveness,emplicalization and so on. However, during the long period of time, the professional judge group has not formed in our country. In July 2002, the Supreme Court first clearly put forward the general object of "the construction of the professionalization of judges" in the national working conference of the construction of the court group. But in reality, the process of professionalization in court especially in the basic-level courts encountered a lot of obstructions. Some of them belong to system, just like the indefinites of judges' identities, the localization of judges' management,the administrativization of the judges' management and judicial power, the depreciation of the quality of candidates for judges and so on. Some are beyond system, like the conflict between the professionalization of judges, and the socialization the weakness of economical ensure to judges. In the author's opinion, if the reform of professionalization in the basic-level court in China wants to extricate itself from the dilemma, some measures should be taken. Firstly, the judicial independent system should be constructed, including the outer independence and the inner independence. Secondly, the system of selecting and training judges according with the tendency of the professionalization should be made. Thirdly, the support of system and the material to the judges' independence should be provided, and the judges' professional moral norm system and moral restricting mechanism should be established. But, under the condition of obsolescence of structural reforms, the reform of professionalization in basic-level court should sufficiently consider the judges' position and function in the national political power structure, and the Chinese condition etc, and it should be advanced with circumspection. Especially, we should perfect the inner management mechanism of courts, improve the inner surroundings of the judgment, and heighten the judges' working skills and techniques and professional moral standards.