The Occupational Floating From Lawyers To Judges

There is a natural relationship between lawyers and judges, who have the same background and common work area. The occupational floating from lawyers to judges happens in the professional community, and there should not be any obstacle in the first place. However, currently in our country, the qualifications for selecting judges reject many excellent lawyers. On the open selection, the lawyers, who have the most intimate experience in the legal profession with judges, turn out to have no professional advantage. Sometimes in terms of professional experience and age, there are insurmountable obstacles for them. The fundamental cause is that lawyers are outside the civil service system, and judges are inside, and there is an institutional barrier on the identity transformation from lawyers to judges. Selecting judges from lawyers is conducive to improve the overall quality of judges and to promote the formation of the legal professional community. The positive role is irreplaceable. Therefore, we should design special entry qualifications and selection methods for lawyers to promote the occupational floating from lawyers to judges. In addition, we should guarantee the rights of judges to make the judge into a profession that lawyers would vigorously pursue.The first part of this article is about the principal way for a lawyer who wants to become a judge. It introduces the selection of the judges and the existing problems. The main way forlawyers is the public selection. However, several obstacles interms of qualifications, though not targeting the community oflawyers, still exist.The second part is about the hindrances of the occupationalfloating from lawyers to judges. On the legal level, there is noobstacle, but for the issue of system, there is an institutionalbarrier on the identity between lawyers and judges, and the gapis difficult to eliminate. And the requirements of the newgraduates and maximum age limit force many lawyers out of theselection. Besides, the insufficient security of judges’ rightsreduces the attraction of this career.The third part is to deal with the positive role that selectingjudges from lawyers plays. It is conducive to improve the overallquality of judges and to promote the formation of the legalprofessional community.The last part gives some advices to promote theoccupational floating from lawyers to judges. We should designspecial entry qualifications and selection methods for lawyers.In addition, we should guarantee the rights of judges to make thejudge into a profession that lawyers positively pursue.