The Analysis Of Judge Professionalization Management In China

The direct importance of judge professionalization is to make judges expertization. Judges should be high quality elites. In China, particularity of judge occupation has been neglected for a long time because the tradition of jurisdiction and administration are confused, person govern pattern and the lag of law education, etc.. All this time judges are considered as the same cadre as other government officials. Due to the low elective threshold, many people without educational background, professional knowledge and work experiances become judges. It results that the good and the bad judges are intermingled, judges could not bear expectations and responsibilities of legality institutions society development. Emphasizing construction of judge professionalization is the need of legality construction, a profound and important legal proposition and practical task aimed at building court team according to the rules of trial.This thesis begins on the management of judge professionalization, systematically analyses distinct characteristics, such as neutral judgement position, justical culture, similar knowledge structure, necessary law practice and individural ensurance mechanism, discusses the concept of judges management and its characteristics suah as independence, compositeness and dynamicity.This thesis addresses that carrying out judge professionalization management in China is helpful to realize justice in the whole society and the real return of judges province, increasing judiciary authority and carrying administer a country legally forward based on wholly compreheading Chinese judges's position in political life, trial work and social life. At the same time, fast economic development provides necessary material support for judge professionalization management; the deepening of professional education lays the strong intellectural basis for judge professionalization management; the great progress of rule of law lays the strong institutional basis for judge professionalization management; gradually improving the legal system lays good theoretical basis for judge professionalization management. As a result, it is necessary and feasible to advance judge professionalization management in China.This thesis divides the present situation of judge professionalization management while summing up the historical development of Chinese judge management system, and concludes the preliminary achievements of carrying judge professionalization management forward, that is initially establishing judge profession permit system, training system and supervision and punishment system. At the same time, analyses the problems of Chinese judge management system, such as excessive localization and administrativization,too many leaders, popular judge election, too big judge team, unsound supervision machanism and absent judge security machanism. It regards that all these problems come from a lot of subjective and objective reasons, such as old ideas of justice, absent historical justice tradition, lagged reformation of justice system, administrative management model influences and the limits of economic development level.Judge professionalization is the trend in the whole world through understanding the successful experiences of judge professionlization management system in western developed countries. In western countries, judges are all very professional. They commonly use"seniority, experience and elite"as election principle, establish very strict professional standard; sound election mechanism of high quality judges election and security mechanism; judge profession system of life-long tenure, carry out judge profession training and punishment system. All of these systems set up for ensuring independent adjudication, make judges take the standard of value that make judgements by law. Therefore, it concludes inspirations from judge professionalization management system of western countries, that is the strict institutional mix provides theoretical support for judge professionlazation management; the high standard of election condition provide institutional base for judge professionalization management; the strict election process provide elite security for judge professionalization management; the sound training system provides reserve of talents for judge professionalization management; the strict security mechanism resolve actual for judge professionalization management; the independent management system provide mechanism support for judge professionalization management.To sum up the above arguments, it explicitly raises that judge professionalization management is the key and basis of building a socialist country of law. Uphold the leadership of the Communist Party based on Chinese reality and economic basis, embodies Chinese judical reality from building and improving system mechanism. Namely, builds judge professionalization construction road with Chinese characteristics through building strict judge profession permit system, sound and effective training system, sound moral system, scientific examining system and sound supervision system, set up complete judge punishment system, build effective judge security mechanism.From the current cadre and personnel system in China, there are a lot of experiences in pushing judge professionalization construction. But because judges are not in public service series, it is quite different from public service management. The author intensively studies in this thesis how to use the sound public service management system, raises feasible strategical suggestion of increasing judge election system, examining system and security system, and proposes his own ideas that hopes to be the innovation.