On Professionalization Of Judge

With progress to rule by law of our country, judicial reform is gaining more andmore attentions from the society and the issue of professionalization of judge which isa hotspot of this reform has become a difficult and important task.Through historical analysis, case analysis, comparative analysis, and dialecticalanalysis, based on some comparisons with professionalization of judge in someforeign countries, this paper discusses some problems about judge, examines thecause of these problems, explores the basic definition of professionalization of judge,the necessity and practicability of this reform in our country. After these efforts, thispaper presents some personal opinions about the reform of professionalization ofjudge.This paper first makes some academic analysis of professionalization of judge,defines professionalization of judge and generalizes the basic meaning ofprofessionalization of judge which is the same legal knowledge, necessary legalpractice, a character adhering to justice, independent judgment and protections forindependence. Based on this, this paper goes further to explore the importance ofprofessionalization of judge to judicial independence, judicial justice and rule by law,this paper holds that professionalization of judge is an indispensable path to judicialindependence, judicial justice and rule by law and is practical with the developmentof economy and political reform and the progress of idealism of rule by law in ourcountry.The third section of this paper finds out 5 problems based on examinations of thepresent situation of 12 courts in one city which are: diversity of judge background,too general appointment of judge, localization of judge, bureaucratic management andlack of protections. Also this papers examines the causes of these problems which are:historical reasons, cultural rejection, the limit of mechanism, limited economicalresources and lack of quality. The fourth section of this paper presents some personalopinions on professionalization of judge which are: a professional qualification forbeing a judge, minimum age level, homogeneity and differentiation;This papersuggests to establish recommendation committee for judge and supervisioncommittee for the process of appointing judge;in the aspect of management ofjudgment, this paper holds professional management and to ensureprofessionalization of judge strengthen the education of professional ethics andreeducation for judge. This paper also holds that we should prolong the working ageof judge in order to ensure the position stability of judge and economical benefit.Last, this paper presents that the primary protection for professionalization ofjudge is ensured from politics which means this process should get the support fromthe highest policy makers.