The Professionalization Of China Judges

The professionalization of judges is the inevitable result of the Human Being Social progress and development, the general characteristics of the mordern Legal state and the the important symbol of the judicial civilization. The professionalization of the judges is origin and development from western country, and now it becomes a comparative mature judges administration system in western country through several hundred years, especial nearly 200 years' practise. Our country's professionalization of judges is brought out and doing the exploration and the practise from the begin of this century, now it is the early stage. As the author is a judge working in local intermediate court for more than 10 years, he has some thoughts and understanding to the professionalization construction of the judges now ongoing, especial to the local two grades courts 'conditions. Now I talk about the superficial acknowdge of myself combined with the the investigation to judges team construction of the two grades courts, hoping it has some advantage to the professionalization construction of the judges carried out now.This paper is divided into three parts except the introduction: the first part is the content analysis to the professionalization of the judges, this part begins from the analysis to the profession and the judges professionalization, analysing the different definitions to the judges professionalization of the theroy circle, and then bringing out the myself understanding to the concept of the profeesionalization of the judges. The author thinks that the professionalization of the judges is that the judges takes the exercise judicial power as the professional career, taking the justice and the efficiency as the final target, to reach the judge autonomy gradually, and then the author analyses the three general characteristic of the judges professionalization. The author brings out that the professionalization of the judges should use the reference two systems, that is, the judge election & appointment system and the judge professional guarantee system through comparing and analysing the history development of the judges professionalization of common law system and the civil law system. The second part is the reflection to China judge professionalization, this part firstly states the necessity of China judges professionalization from four aspects, that is, the efficient path of reaching judicial independence, the only way of building judicial authority, the essential requirement of molding high quality judges, the objective needs of globalization and WTO. Then it is the predicament and analysis of China judges professionalization, also it is the emphasis of this part. The paper begins from the brought out and the exploration of the China judges professionalization to bring out the major problems now existing: 1. the entrance check not strict, judges access system not perfect; 2. post not fixed, personnal administration unification; 3. career security popular. Then the author analyses the key factor effecting China judges professionalization development: 1. the Legislated shortage: the legal factor restricting the Judges professionalization; 2. jurisdiction localization: the system factor restricting the Judges professionalization; 3. the universal absence of the social identity: the consciousness factor restricting the Judges professionalization. The third part is the possibility of the judges professionalization. Our country's judges professionalization has the reality possibility with the acceleration of China Legal Development process. This paper mainly discusses from three aspects: the first aspect is the demand of the rule of law, the author brings out the basic spirit and the main content of the rule of law from the different understandings to the rule of law, that is, the judicial independence, law highest, right guarante and power restriction, and then pointing out the crucial affect of the professional judges to the formation of the mordern rule of law. The second aspect is the determination of the judge career thinking, which has the following characteristics: 1. the combination of the legal thinking and the process thinking; 2. the combination of the independence thinking and the neutrality thinking; 3. the combination of the legal interpretation and the legal reasoning. In a word, the characteristic of the judge career thinking determinates that the judges should be professinalization. The third aspact is the necessrity of the judges career skill. The author thinks the judges career skill has the following attributes: 1. the comprehensive utilizationof the legal entity and the process; 2. building upon unique legal thinking; 3. needing the long term learning and practise. Through the above analysis the professional judges should have: systematic and broad legal knowledge, exact and fluent legal language, skilled and precise legal skill.