A Study On Judge's Check And Evaluation Institution

Judge's Check and Evaluation Institution is a kind of affair handling regulation or action taking principle to check and evaluate when the judge performs various aspects of juridical rights in juridical structure. As important content of personnel system in the court, it plays the role in guiding, regulating and encouraging judge. In practical, there are a variety to check and evaluate judge, this article has limited object to be studied within the scope of internal annual check and evaluation of those judges that are not leaders to perform judicial rights in juridical structure. Starting from the issuance and implementation of Reformation Guideline for Five Years In People's Court in 1999, people's courts of various levels all over the country started to do the reformation and exploration consciously on judge's check and evaluation institution. However, since then there has been rarely special and deep research. This article tries to smooth the current judge's check and evaluation institution and practice from evolution, system regulation, current condition, ideal prospect, improvement and reconstruction. Besides, it has also referred to opinions and all analysis of academic circles to expect to get some help to improve or reconstruct judge's check and evaluation institution more effectively. The whole article is divided into four parts: the first part has explored legacy and evolution of judge's check and evaluation institution in our country; the second part has explored concrete legal base and normative documentation base of current judge's check and evaluation institution; the third part has explored the current condition of check and evaluation of judge; the fourth part has explored target pursuit and design reconfiguration of judge's check and evaluation institution.Regarding the first part of this article, judge's check and evaluation institution in the past has been divided into three periods based on different characteristics shown by judge's check and evaluation institution; that is formation and consolidation period of administered judge's check and evaluation institution; period that has a trend to eliminate administered judge's check and evaluation institution and period of administered judge's check and evaluation institution that highlights judge characteristics. Period division marks of these three periods are issuance and implementation of Judge Law in 1995 and issuance and implementation of Civil Servant Law in 2005. During formation and consolidation period of administered judge's check and evaluation institution, check and evaluation of judge is totally the same with that of national staff (hereafter called national staff); during the period of judge's check and evaluation institution with a trend of eliminating administration, judge's check and evaluation institution began to consciously explore a check and evaluation way that is different from civil servant check and evaluation to show the profession feature of judge; during the period of administered judge's check and evaluation institution that highlights judge characteristics, Civil Servant Law has included judge within the scope of civil servant. However, because people's court has left some space when formulating concrete actions by combining practice, judge's check and evaluation institution could go forward further in exploration and practice to show its professional characteristics.Regarding the second part of this article, it has smoothed regulations shared with civil servants and regulations only for judge regarding relevant laws and normative documents such as Civil Servant Law, Judge Law, Regulation of Civil Servant Assessment (trial run), Temporary Organizing Method of Judge Check and Evaluation Committee and On Opinion to Further Strengthen Team Construct of People's Court, which are the bases of judge's check and evaluation institution. The details include target of civil servant check and evaluation, its general requirement, check and evaluation content, check and evaluation way, result, organization, procedure, use of check and evaluation result and content of judge check and evaluation, check and evaluation standard, organization, working way, use of check and evaluation, etc. After smoothing, comparing, what we get now is that the attempt and exploration of judge's check and evaluation institution to highlight administration of judge characteristic is initial and technological and it is still administered that can not highlight professional characteristic of judge and rule of administration of justice.Regarding the third part of this article, seeing from the practice of current judge check and evaluation, three check and evaluation modes that exist at the mean time have been summarized, which are traditional check and evaluation mode of democratic assessment with decision made by the party; check and evaluation mode of target set with check and evaluation quantified and check and evaluation mode of performance check and evaluation and scientific assessment. In it, check and evaluation mode of performance check and evaluation and scientific assessment is now advocated by the highest court and practiced continuously by courts of various levels. Forward process of three kinds of judge check and evaluation modes is the process from popularization to scientific. In order to make the traditional check and evaluation mode of democratic evaluation with decision made by the party not lose something subjective, from check and evaluation mode of target set with check and evaluation quantified to performance check and evaluation and scientific assessment, they are emphasizing number, paying attention to scientific and emphasizing control capability but nature pursuit of judge check and evaluation to guarantee justice has been ignored. This caused judge check and evaluation work must be reconsidered and system design and reconfiguration by a new way of thinking has been tried. Regarding the fourth part of this article, starting from adapting market economy, society of strangers, guaranteeing solution of dispute in modern society and rules, judicial route with the characteristics that judge's check and evaluation institution should be professional and elite has been proposed around justice security-the final target of judge check and evaluation. Judge check and evaluation should start from fair entity, fair procedure and fair image, take standards of strict adaptation of entity law, strict observation of procedure, accurate recognition of evidence, discovering the fact by effort, fair judge result and judicial honesty as important content of judge check and evaluation. Connect promotion, reward and punishment of judge with the quality of they judge work and establish judge liability institution, which will be taken as the core content of judge's check and evaluation institution. It is required that independent jurisdiction should be taken as prerequisite of judge check and evaluation and achieve internal and external independence really to make the judge perform its judgment right independently according to the law and to make judge's check and evaluation institution effective truly. Meanwhile, based on real background, design and reconfiguration of judge's check and evaluation institution has been considered. It is thought that improvement of judge's check and evaluation institution will be a gradual and slow process, which must be tried by all courts together to adapt development of economic society and judicial requirement by common people. Current institution should be understood and tolerated by restrained attitude with the ground held and improvement should be taken gradually under current institution with active and progressive working attitude. Starting from what is to be done with judge's check and evaluation institution, what kind of judge is needed and some problems regarding institution design itself, propose what features should new judge's check and evaluation institution needs to be with: that is universality, forward looking, feasibility and openness. Explanation has been made by taking evaluation of three good students in some middle school of Guangzhou as the case study. The author thought during the practice, Heyuan Middle People's Court and Jilin High People's court observe the rule more on new exploration of judge's check and evaluation institution. The basic idea is to establish democratic management of judge-an organization form of self-discipline and self-government. Take professional judge group to evaluation judge individual and achieve scientific check and evaluation on judge by attempting to reform internal right division inside the court and management system of court.