A Probe Into The Establishment Of Judicial Assistant System In China

Establishing judicial assistant system in China is an essential part in the construction of judge's professionalism, which is a systematic engineering in china's development of rule of law. Several experimental units have been set up in some of the basic courts in China, which accumulated certain experience. However, it has been confronted with some restrictions at the levels of governmental policies and laws, followed by some problems. In this article, the author carries out a comprehensive analysis on the trial implementation of judicial assistant system through the methods of comparative study and analytical positivism, so as to put forward some suggestions on establishing judicial assistant system in China.This article consists of five parts. They are as follows:First, it demonstrates the background and practical meaning of the establishment of judicial assistant system in China. At present, qualities of the judges are somewhat unsatisfactory. The construction of the judge's professionalism is of special importance. Judicial assistant system as an important component not only betters the structure of court trial, but also highlights judge's core status in judicial system and during the fulfillment of judicial duties. It not only optimizes the use of human resources in court, but also lays a foundation for more fined judicial procedures and scientific divisions of court operations.Second, it probes into the enlightenment of establishment of judicial assistant system in China by comparing and analyzing the judge's assistants and the judicial subsidiaries from both common law system and civil law system. Establishing judicial assistant system in China should base on our national situations. Though being more refined, the judicial assistant system in western countries can be only used as reference. Crude copying is definitely not preferable.Third, it demonstrates the detailed contents of the trial implementation of judicial assistant system in China. Trough research by the basic courts, it makes detailed description from the aspects of its nature, status, duty of work, position, origin, collocation and management, etc. It tries to discover the common acknowledgment of the trial implementation of judicial assistant system. However, not all the units operate in the same way.Fourth, it summarizes the problems and defects arising out of the trial implementation of judicial assistant system in China. Review some of the basic courts through the methods of analytical positivism to demonstrate the categories of judge's assistants, the efficiency as well as the understanding and valuation of work under the judicial assistant system carried out in the experimental units, try to discover the problems and analyze the underlying reasons.Fifth, it anatomizes the weaknesses of institutions for the time being in force. Some measures, such as modification of specific regulations and rules, reformation of personnel system in courts, pushing forward with judicial system for specified number of personnel, establishment of would–be judge system, perfection of pre-trial procedures as well as refinement of regulations on procedures, etc., are brought forward so as to bestead the establishment of judicial assistant system in China.