Ponder On The Construction Of Judicature Examination In China

As an important tache in the circulation of law, judicature depends on idiographic person to put in practice finally although it must actualize according to the procedure and entity regulation in law. The persons who possess of the judicial power in judicial organizations are law-officers. The social justice emerges in the way of just shape of law-officers. It is the object human being pursued that how to choose the prolocutor of social justice. In this circumstance, Judicature Examination comes into being. The essential significance of Judicature Examination is that it can be enhance the law-officers'level of legal knowledge, boost the development of professional form of law-officers, change the status of nonobservance of law, change the status that laws cannot carry out successfully through the taches of judicature and change the status that promulgation of laws disaccord with applying of laws. The preface of this thesis illuminates the important significance of law-officers and selected system and points out the concept and primary function of Judicature Examination. The author considers that the fact of low stuff of judicial procession in our country restricts deeply the progress of rule according to law and realizing the modernization of rule of law. Judicature Examination is necessary. The finis of this part indicates the elementary clue and start of all of thesis. This thesis can be divided five chapters as follows: the brief of Judicature Examination systems in the main counties of the world; Judicature Examination and its analysis in our country; Judicature Examination and law education (ponder on the status quo of law education in our country); Judicature Examination and legal profession; Judicature Examination and professional training. Chapter I introduces the Judicature Examination systems in the main counties of the world briefly for reference. Because the legal families of this five countries including America, Great Britain, Germany, France and Japan are legible, as well as they also have representative status in the world, the author introduces mainly the Judicature Examination systems of them. Chapter II introduces Judicature Examination in our country. This chapter can be divided four parts. First of all, it introduces the character and mode of the actual Judicature Examination system in our country. Secondly, it analyses the content and scope of Judicature Examination, among of which author analyses originally the subjects in the content of examination. The author considers that Judicature Examination is just a qualification examination, whose function is limited. Thirdly, it expatiates the times and manners of examination as well as the passed proportion and regional difference of examination. The author considers that one time examination is more appropriate on the basis of the situation of our country; Judicature Examination is different from law-officers selected system; Judicature Examination in our country is one time closed-book examination, which disaccords with the realizing of target; The regional difference is obvious and the passed proportion is low. So we should enlarge the proportion. Fourthly, we should more consider the particularity of outlying region and minority on the principle of unification all over the country. Chapter III analyzes the status quo of law education in our country. The author considers that law education in our country disagrees with legal profession. The fact is that the standard of law science talents training and law education are disordered, which does not adapt to the requirement of law and law science talents with the development of economic, social and legal construction after China accede to WTO. Furthermore, it is very difficult to realize the object that Judicature Examination and law education pursue together. The object is that ensure the quality of legal stuff. Accordingly the author suggests that we should adjust the arrangement of law education in our country and fix direction every stratum of law education, which includes canceling law education of technical secondary school students and junior college students, fixing law undergraduate education on general knowledge education, insisting on the study orientation of master of laws and doctor of laws education, holding the compound and applied orientation of juris master education. At last, the author dissertates the exchanging relationship between law education and legal profession. Chapter IV is a major part. Above all, the author points out the concept of legal profession community. In modern times, legal profession is a professional, practicing and independent profession. There is a suit of strict selected and trained system in some country that has developed rule of law. They practice legal profession qualification unified. Although exist the division of attorney, judge and inquisitor, the entrance qualification...