Research On The Selection System Of Judge

In the Western legal tradition, Legal implementation is entrusted to a group of specific people, and they more or less full-time engaged in legal activities. These people have good professional quality. Holding the heart of fairness and justice, they confrere by law to maintain the unique way of thinking to satisfy the law, keep social harmony and orders. Who uphold the law balance is the helm of the sacred, awesome judge. Judges resolve disputes between the parties, and through the recognition and enforcement of judgments, the concept of social justice and fairness can be realized. In current, good governance ensure the legal authority of the society, and the judges play a decisive role. How can the judges win the public recognition? How can the judges become a real legal advocate? How can the judges change the circumstances and their lack of trust? These are judicial practices which must be solved. As a part of the judicial system, the selection system of Judge relates to the authority of justice, and the subject is so important in both practice areas and theory field.Promoted by the professionalization of judge, the reform of judge selection system can improve the quality of judicial power, and has an important significance in the construction of a socialist country ruled by law. In this paper, I use comparative analysis and empirical analysis to compare the selection of judges on the two legal systems, and then sum up the general rules. To the current problems of the institutional level, I try to find out the reasons for the selection system of judge and provide my suggestions.The article can be divided into six parts.The first part is the general introduction to the selection system of Judge and proposes article writing background and academically significance.The second part is the basic theory of the selection system of judges. First of all, this part describes the selection system of Judge's meaning and objectives. The major significance of the judge selection system is choosing the better one from the excellent legal people. And the judge selection system is an important part of our judicial system. The second, I explain the legal significance of the selection system which ensure the judicial authority and promote the professional development of judges. They are a dialectical unity. To achieve and strengthen the judicial authority is the goals of reform, and judicial authority which means the legal intervention and domination, should be established on an elite legal team. Only combine the two parts can promote the construction of professional judges and provides excellent legal talent for the using of the law.The third part is the comparative analysis between the two schools in the field of the selection of judges. First of all, the system summarizes the comparison criterion for the selection system of judges which including country interfering in the selection of judges, judges in the place of legal profession system, the judge selection system, sources of law (Constitutional Court Organization Act, etc.) and regulatory system for the professional quality of judges, professional requirements and oral requirements standards of professional judges, the judge training system standards. These are divided into the eligibility of judges and the selection mechanism. I make Germany, Japan as the member of the civil law and make England, and the United States as the member of the common law, then compare them. This paper attempts to identify the rule and development model–the selection of Judges, and think about how to perfect the selection system of judges in our country.The fourth part is on the advantages and drawbacks of the current selection systems of judges. The low standard of the qualification requirements of judges in China , lack of professional review organizations, the selection of judges is not perfect, lack of the special standards and procedures, make no difference of the election of officials in general ,lack of related security systems. In the operation in practice, there are many problems in our country, such as"geographical advantage", seriously affect the results of the judge Selection System. Addressing these shortcomings, I try to reflect the causes of these problems, including the history of traditional factors, the impact of social reality, legal education and vocational training deficiencies and other factors.In the fifth part, the author put forward the initial step of perfecting the present selection system of judge in China. First, find the sound of Judges of the basic ideas; determine the sound of Judges Choice Some suggestions. Second, think about improving the Judges specific measures, from the beginning of qualification requirements and selection criteria. Finally, analyze the problem of the selection of judges and make some suggestions .This section aims at the reality of the Midwest region of China where is lack of judges and the loss of the judges in the economically developed regions.The sixth part is the conclusion. The reform of the selection of judge will not be easy, and it certainly is a long historical process. It needs substantial reform, also needs careful exploration. Therefore, a unified central leadership, relying on the courts, the help of related departments, and the hardship of the whole society, all of these will do the help for the reform of the selection of judges.