On The Development And Improvement Of Our Unified Judicial Examination System

In 2001, the Standing Committee of National People's Congress had approved the decision to revise the'Judges Law of the People's Republic of China','Public Procurators Law of the People's Republic of China' and 'Lawyer Law of the People's Republic', and decided to suspend the previous examinations of primary judge, primary procurator and lawyer profession qualification for one year. The uniform judicial examination would carry out in 2002. Since then, China has established uniform lawyer profession qualification examination system (hereafter referred to as uniform judicial examination system).The establishment of uniform judicial examination system has epoch-making significance in China's legislation history. It has built a bridge between legal education and judicial practice and will bring about steady improvement in our legal education. Meanwhile, it will select qualified talents for the Legislation Construction and make the possibility of constructing legal profession community.But the practice of uniform judicial examination system shows that it doesn't bring the expected effect, instead, it exposes lots of drawbacks. For example, the relaxed requirement of examination registration leads to the big difference in overall quality among'legal professionals-to-be'and unreasonable examination models and question offered, which have strengthened the shortage of legal professionals, and cause the negative effects of legal education etc. To solve the above questions, this paper has put forward suggestions on the development and perfection of our uniform judicial examination system based on the comparative analysis of advanced experience of legal profession qualification examination system in the countries with traditional and continental legal system. There are three sections in this paper to be discussed:SectionⅠ. This paper has analyzed the exposed drawbacks in nine-year practice of the uniform judicial examination system in China.SectionⅡ. This paper has made comparative analysis in several aspects of the legal professional qualification examination system in the countries with traditional and continental legal system, such as the requirements of examination registration, examination model, and legal professional training system etc, in order to provide some beneficial references for the development and perfection of the uniform judicial examination system in China.Section III. For the exposed drawbacks in the practice of China's uniform judicial examination system, this paper has put forward some suggestions on the development and perfection of the uniform judicial examination system in China on the basis of learning advanced experiences of legal professional qualification examination system in the countries with continental legal system.