Trust-based Junior Judge Selection Mechanism Study

In2013, Shanghai High Court judge collective prostitution incident sparkedwidespread public concern. For a time Shanghai became the focus of attention offoreign. Judges become the object of public opinion once again. Studies have shownthat judicial credibility has been down to a historical low value. For people’s attitudeof the judges, the legal profession came to "major step backward in the rule of law inChina" and "legal person bleak". Regardless of whether this view has enoughsociological research foundation, illegal or misconduct of some judges repeatedlybeen exposed, there is no doubt that it has greatly undermined the people’s trust in thejudges of this group, resulting in the credibility of the judiciary have also been hit.This paper will start with this event, newly appointed judges proposed to solve thisproblem is the selection of the source, which will solve the problem settled on howthe selection of the judges deserve the trust of the people up.Although there are many scholars conduct of judges conducted a study of anomie,cut from a different angle, made a number of recommendations. However, from theperspective of a junior judge, not much research literature, as Mr. Zhu Suli argued, themoral level of the judges and there is no significant relationship between the level ofeducation. Beginning judges entrance judges, this paper aims to improve the juniorjudge selection mechanism to eliminate judges from the source, enter "trust" talent forthe Court, in order to achieve enhance judicial credibility. In this paper, the structureis as follows: Firstly, the use of sociological method, using the opportunity to practicewith the judges and staff of the Organization Department H District People’s Courtconducted in-depth interviews, master novice practice standards and procedures ofselection of judges, combined with our existing laws regulations, analyze currentproblems of junior judge selection mechanism exists. Secondly, we will resort to trustin theory, by what mechanism should be the selection of the newly appointed judges, to construct what mechanism in order to achieve the trust of people on the system, andthat "trust-based junior judge" concept. Again, study outside the country’s newlyappointed judges typical selection mechanism for realistic and trust of our societyrequires a good theoretical model to learn from. Finally, based on our existing juniorjudge’s selection criteria and procedures, the writer will proposed to some suggestionsto construct the trust-based selection mechanism.