The Research On The Problem Of Lacking Talents In The Judges' Professionalizaton

Judge professionalizaton is one of the reform aims of the Supreme People's court in recent decades. The main problem in the system construction and consummation is the lack of talents, which has been bother the basic and intermediate People's courts, especially the courts in the west region. The materials in this article are collected by the method of social investigation on the one intermediate court and 11 basic courts in Leshan. This article analyzes the problem of lacking and draining of talents in the judge group, and provides four measures for solving the problems.This article is composed of six segments.Part 1 is the introduction to the meaning, objective, scope and methods of this article.Part 2 is the main materials of the whole article. It introduces the basic circumstances of judge professionalizaton in the 12 Leshan courts since the Law of Judges coming into force and contains 7 aspects.Part 3 has two segments. It analyzes the definition of the talents lacking in judges from the view of sociology and scholarship. It lists five appearances in the problem of talent lacking, such as the construction, qualification, talents draining and the survival conditions of the judges. It concludes that the lacking is the special phenomenon and obstacle in the professionalizing of judge.Part 4 has three segments. It analyzes the deep reasons for lacking of judges and views it as the result of conflicts between the professionalization and the social environments. The conclusions is coming from analyzing four aspects, that is, the design faults in the judicial test system, the shortage of administrative and native managements in the courts, the useless of the machinery for judge levels and the imbalance of development in different regions. It also views that the unsound safeguards to the professionlization and the low understanding from the society to judges as the main reason to worsen the problem.Part 5 has four segments and deals with how to solve the problem. The first measure is to establish the attraction of the profession of judges. The second is to solve the problem on profession safeguard by stabilizing the group of judges and providing plenty of fresh talents for succession. The third is to perfect the law education system and build up the professional sense of honor. The last is to build up the perfect judicial test system to strictly select the competent judges.Part 6 is the ending of this article. It shows the author's prospects on the developing of the judge' professionalization and look forward to the good impacts from the system design and construction in this article.