Judicial Examination System, The Rule Of Law In The Process

The Standing Committee of National Parliament of China carried out a modified bill of judge law and Law of public procurator on June 30, 2001, which regulated that to pass the Judicial Examination is the exclusive way for judges and inquisitors to get the certificate of legal profession. The establishment of Judicial Examination System is the key step to the formation of legal profession community. Just as the emergence of other reformative measures, the application of Judicial Examination System also aroused a hot debate in theoretical and practical area of law. The discussion includes the following problems: which kind of Judicial Examination do we need for the legal profession? How can we arrange the concrete systems to make them more reasonable? What can we do to achieve the harmony between the Judicial Examination and the relative mechanisms? To solve this problems, this paper will mainly focus on the discussion of the mode of Judicial Examination, the concrete mechanisms of Judicial Examination, the corporation of Judicial Examination with legal education and legal profession. These discussions are based on the Empirical analysis of the measures collate the transitional process of law professional admittance system.The preface of this paper illuminates the relationship between rule by law and Judicial Examination system, pointing out that building specialized legal professional community with a comprehensive selection and career access system is a symbol of the rule of law. Judicial Examination system, as such a system has emerged. Then analyzed the judicial examination system reform is the basis of the reform of the judicial system works. This part gave an account of the object of study, the basic ideas and methods of the study.This paper is divided into five parts, there are about 48,000 characters in this paper.The first chapter of this paper talks about the course of Judicial Examination reforming in recent China. Judicial Examination system reflect the Chinese social transformation. Describe the evolution and development of Attorney system and the judges and prosecutors selecting system respectively before the establishment of the Judicial Examination (1949—2001) .And introduced judicature examination system in detail which starts from 2002 until now.The second chapter mainly focuses on the relationship between the Judicial Examination and the legal education. Elaborate the Judicial Examination while gave the legal education to bring the new turning point also to attack legal education, so that the legal education face the challenge and some new questions.The third chapter discuss on connective relations of Judicial Examination and the legal profession. As the admittance system of legal profession, The Judicial Examination is a "reservoir". However, because lacks the necessary related human affairs mechanism reform system, the Shortage of Judicial Personnel is more and more prominent. This part analyzed origin of the phenomenon, pointed out that its essence is an inevitable conflict between reform and development mentality and laggard judicial environment in our national judicial system. This conflict exposed under the Judicial Examination system's impact.The fourth chapter is the emphasis of this paper. With the Judicial Examination implementation process inconsistent with legal education and the legal occupation, Proposed project to reform and regenerate Judicial Examination system from two aspects: it own system form and related system's coordinated reform. Thought that is necessary to construct benign interactional relations between Judicial Examination and legal education by adjusted present educational system positively during reform Judicial Examination technical operation. Only through Judicial Examination system connect up Judge system and Public prosecutor system concordant, a series of concurrent innovation include Judicial officials control system, examine qualification system and so on, can Solve the Shortage of Judicial Personnel.Last chapter is the conclusion part. The Judicial Examination is a bridge between the legal occupation and the legal education. It is very important to reforms related system for Judicial Examination's development. Only through take a series of positive measure, the Judicial Examination system can be perfect, legal education and legal occupation can connect up more harmonious and scientific.