Professionalization Of Transitional Period Of China's Judicial Reform

To go deep into the construction of rule of law, must be accompanied by the process of judicial reform. Since reform and opening up, China has entered a period of social transition, rapid development and high risk, interest pluralistic and multiple conflicts coexist, whether to continue to adhere to the judicial occupation leading to the investigate in both theory and practice fields. This paper start from the definition of judicial professional, analysis of judicial professional of theoretical and historical basis, and draw on the national judicial professional in the experience of the system, based on China’s social reality and fundamental national condition, explore and study the transition of China’s judicial occupation of motivation, the judicial reform of thorough occupation to provide theoretical support for.The content of this article includes introduction, text and conclusion, is divided into six parts.The first part is "Introduction". Firstly, introduces the research background, research significance in theory and reality; secondly, to sort out the research related topics in China and abroad; finally, Introduced the main research methods used in the paper. Besides, pointed out the innovation of this paper, and the understanding of Inadequacies of the arguments.The second part is the first chapter of "the defined of judicial professional ", in this chapter, occupation, legal occupation, the Judicial professional were analyzed, and discussed the relationship between "judicial professional "," justice" and " legal elite".The third part is the second chapter of "judicial professional of the basis". First of all, on the judicial professional according to the theory on the history, from the theory of separation of powers and the of the two theories of justice, analysis of professional in the law theory basis; second, from the judicial power source leads to judicial value, through logical analysis judicial independence, judicial justice and judicial efficiency-as judicial power and inherent value--requires judicial professional; third, In accordance with the historical evolution of the order, investigated the emergence and development of the judicial professional context.The fourth part is the third chapter "the experience draw on relevant national judicial career system", through to the UK, USA, Germany and Japan’s occupation of judicial system, obtained with the common higher degree of professionalism, in the course of justice in the need for strict regulation of public opinion.The fifth part is the fourth chapter of "transformation of China’s judicial professional basis in reality", firstly, summarizes the transition of our country judicial occupation of the historical process, defined the transition and recalled the historical process of transformation of China’s judicial reform and professional; and then, combined with China’s social transition characteristics, analysis of judicial reform in which the historical environment; finally, pointed out that the transition of Chinese judicial reform need to adhere to the occupation of the road, start with the some of the problems in the judicial practice, analysis of its and occupation of commensurability.The sixth part is" conclusion", the summary of the thesis, pointed out that the transition need to adhere to the professional orientation of judicial reform, analyze and solve the mystery of the professional and judicial, judicial and democratic contradictions.