The Study On Flows Between Chinese Judges And Lawyers

It is not strange to choose judges from lawyers to Chinese people.In fact,the first Deaner Shen Junru and the second Deaner Dong Biwu of the Supreme Court of China came from lawyers.And this topic is familiar to citizens from the inception of the Supreme Court's recruit to lawyers from 1999.Although the concern of ralationship between judges and lawyers is cloudy,the practices and appeals are getting more and more supports.The implied fact is that citizen don't trust judges' abilities and fairness.And many people have a hope on some seasoned and rich judges who come from lawyers,as American or British peers.There are a lot of opinions about choosing judges from lawyers.We have to think deeply as Professor Zhang Zhiming,if we following Common Law's tradition to choose judges from lawyers,we have to get into further consideration about its necessity and possibility and we are facing a phenomenon that lots of excellent judges resigning to lawwyes.With a consideration about Chinese legal practitioners's environment and development,The author wants to give a reseach on this topic and some suggestions.This thesis mainly consists of four parts,and the summary as follows:The first part is about the state of the flows between judges and lawyers.And the details are following to the outline of this thesis's reseach objects and methods.Secondly,the facts which are working on the flows are specified.And the influences for judges resigning to lawyers are mainly thought of four facets,such as the stress of working,salary,social ranking,and work wellfare comparing to lawyers.And the reasons of the opposite flow are disclosed through four bars,i.e.qulification accepted bar,age bar,examination to national servants bar and vacation of ability analysis bar.Thirdly,the influences to judges,lawyers and Legal Commonwealth are exhibited.And the situations about judges'resignings,the proudless of lawyers and trust vacuum between Legal Commonweath peers are showed detailly.Fourthly,some suggestions to improve the flows between judges and lawyers are offered,with the help of Professor's advice.The suggestions are involved four facets such as the improvement of judges's salary,choosing excellent lawyers as judges,restraining judges resigning to lawyers and adoption of the belief in law.