Improve The Selection System Of Judges In China

In this thesis, I talk about the reason why we are not satisfied with the whole diathesis of judge presently. I think there is a lot of reasons but the important reason is, lack of the system about a judge qualification which fully combines with the feature of justice. We meet a series of difficult situation, such as, it is prescribed as "court independence" not the world usual "judge independence" in the law. Actually we give judges the same treatment as the general public servant. The country has not constructed a set of perfect guarantee. A judge's qualification is common. The justice department is too powerless to stand against the powerful government department because of the system. So we can't achieve the independence and the system of judge's election. Based on the above state and seen from the legislation, history, social and law, we get the conclusion that our system of judge must be reformed. Next I try to give my suggestions on three aspect: judge's qualification, trial function and the standard of evaluation.One: write down the judge's qualification that written in 《Judge Law》 as the lowest demand for the nation. Encourage every high court to make the higher command which use in jurisdictional area based on the reality; Only the court can own the right to decide who will be the member of court and the high court will instead of the position of base court. High the rank of judge appointment's departments. Unite the exam of lawyer qualification and judge qualification, set up the national exam of judge permitted certification,Two: Without distinguished the function between the office, build a justice managing form of judge office step by step Hand with the managing of flow. Reduce judge's power in single case and get the real status. Perform the authorized judge number strictly. Most people, who not directly take part in the trial, bring into the authorized number of the public servant. Prepare for high the judge's status and treatment. Correct the fault and confusion between the trial function and the government's.Three: change the evaluation by numeric guideline to discipline restriction and supervision by himself. Construct the multi-sequence pattern of management for different person with ability to get different way. Select judge by strict demand. Eliminate judges who are not employable through selection or contest. Build the system of competition by layered exam. Insure the independence of judge by shortening the rank and treatment. Reduce the numbers and improve the current judge team.