Theory Of Clerks System Reform

Since modern times, to the requirements of the judges professionalization development, theclerk system has been in the process of continuous improvement. Along with the deepeningreform of the judicial system, the court clerk change into appointment system, and a singlejob sequence occurs. Great changes takes place in the clerk system itself,Clerks graduallyseparated from the civil service system,Form their position management mode,The attachedposition becomes an independent status.But in the process, the clerk’s own professional skillsdo not improve. But because of the employment system, Qualifications decreases, therequirements for clerks either. the court clerk’s management is facing challenges. At the sametime, the clerk of the judicial environment also changes. The establishment of the judgeassistant system and quality, and the effect evaluation system,All impact from the outside tothe clerk system reform. Clerks of the auxiliary work to further refinement, professionaldivision of labor is increasingly blurred, censorship is unable to follow up, the judicial systembetween cohesion and corresponding problems.Accompanied by the court clerk advancing reform,to guarantee the judge professionalization,but judicial assistance work professionalization is ignored. Support professional in Chinasince ancient times has been in a subordinate position, it can be reflected by investigating thedelineation of the ancient system, auxiliary personnel status in addition to suppressing blindly,causing management out of control, not in the reform of the system, its development statusand problems in the face. This article will from the ancient, modern system of the court clerk,and outside the court clerk system to analyze the clerk system changes in the environment aswell as the reasons. Due to the bondage of traditional delineation, the conflict betweenjudicial system, inspection system is imperfect and the court clerk itself on judicial poweroperation feedback effect, the court clerk system reform is not as expected carry on smoothlyand quickly. The court clerk system reform bottlenecks. In the process of analysis of theeffect of the clerk system reform, from the personnel management, practice, legalenvironment, the overseas experience point of view, there is also the lack of the theoreticalframework, lead to we can more in-depth understanding of the clerks force and resistance ofthe system and its reform. therefore, the author combines the foucault’s power theory, from the clerk system of discourseconstruction, the court clerk the community of the area lies between the transition ofmanagement, the judicial power in the court clerk and running, and check system of theabsence of multiple perspectives, such as microscopic analysis was carried out on the courtclerk system reform bottlenecks. Provides the clerks system reform history field of vision,vision, vision, vision system and the power law showed the picture of clerks system reform inan all-round way In the last part of the thesis put forward some Suggestions on the clerkreform direction, improve the structure set up and improve the legal norms and improvingclerks’ professional level, make sure the clerk in the path of professional development.