Analysis Of Chinese Judge Professionalizing In China Path

Judge professionalizing is building a socialist country ruled by law the Derby by roadand system safeguard, very wide scope, according to the specific object, linking theory withpractice, start small, besides the introduction, the five part elaborated on this problem.The first part of the paper describes the professionalizing of basic connotation, and thendiscusses the necessity and feasibility of professionalizing.First, the social dispute is complexand variable, which dooms that the rule of law lags behind practice and has undistrbution innatrue. Exercise of jurisdiction cannot be evaded, which requires the judge must refee even ifno rule of law can be used, and must create a reasonable rule in order to cater for the need todeal with the case. The second, rule of law which is used to settle social dispute is oftendeeply embedded in a certain social background and legal system, Removing the socialbackground and the system background, the rule of law should lose the survival soil, whichdetermines that judge as society doctor does not understand accurately the meaning of aspecific law rule and uses it correctly unles he has profound law theoretical foundation andrich social practice experience. The third, dealing with diffcult case is complex and skillfullwhich determines that only professional judge can be competent for the occupation. Finally,the legal language is so obscure that only the peer who is of professional training canunderstand it. The next generalization,Judge professionalizing has experienced two stages thatis the start stage and the develepment stage in China, it is currently in the second phase. Thepolitical, administrative and popular phenomena of Judge profession hinders it’s provement,but the Judge professionalizing is the route that can not be avoided and the route to ealize thesocial management by law. In order to change the current judge professionalizing ofembarrassment, the paper analyzes the specific step can be divided four parts: one is to limit thequota of judge so that almost all of judge are elite, the specific method is to calculate properproportion between the number of judges and cases, and then determine the quantity of judgein a specific court, select the best part of judges from the existing judges and appoint them asjudge, demote the rest to assistant judge. The second is utilizing the system that authorize thepresident of judge panel responsible power as a necessary complement to judge’s completeelite, that is picking out the most outstanding judges as the president of judge panel, and givethem corresponding authority, such as calling judges together to review, issueing referee documents, business guidance, suggesting delivering difficult case to the judicial committeeto discuss, and supervising the collegial panel, carrying out the trial judge liability systemwhen all of judges are elite. The third is constructing again court’s internal institutionaccording to the three basic procedural laws in accordance with the requirements of bigdepartment system; The fourth is establishing separate judge category according to trial centertheory, that is classifying the court staff according to the standard that a specific staff isjudicial officer or non-judicial personnel, making clear respective duty limit and prohibitingcrossing flow. Finally, the reflection of China’s Judge professionalizing difficulties.