Research On The Existing Problems And Procedures In China’s Judicial Officer Selection

If justice is to the last defense line to safeguard the fairness, the judicial officers are guardians of this line. While the term of judicial officer appeared officially in modern times, there has been no lack of attention to the judicial work and the judicial officers owing to the special role of the justice in the country’s political life in China’s long history of traditional culture. However, the judicial and administrative confusion and other reasons result in the failure of earlier emergence of the judicial group as an independent occupation group. Since the modern times, although China has actively explored in the judicial officers’ selection system, the international and domestic situation at that time makes the judicial officer selection system in the real meaning established in late twentieth century In comparison with the western countries with relatively complete rule of law, all of them establish the distinctive judicial officer selection system according to their own historical tradition and practical needs. Among them, the continental law system countries attach great importance to the examination and professional training system, while common law countries pay more attention to the judicial practice and experience of the judicial officers. However, the tendency of mutual learning and mutual integration of the countries of the two legal systems in the judicial officer selection has been gradually clear. Actually, China’s current judicial officer selection system has played its due role in promoting the rule of law progress and maintaining social order; but there are also obvious problems, such as relatively low occupation admittance threshold, nonstandard selection procedure, professional training to be perfected and the lack of supporting system, which has attracted the attention of more and more countries and the society. In recent two or three years, the Party and the Government attach the unprecedented attention to the “rule of law”, and the reform on the judicial system from central to local level is moving forward steadily, thus the reform on the judicial officer selection ushers in a rare historical opportunity. On the basis of reasonable absorption of positive factors in the judicial officer selection system in the traditional legal culture, bold reference to the advanced experience of the relevant judicial officer selection in the legal cultural in today’s world and full attention to the basic situation of the socialism with China characteristics, this paper suggests the bold reform on the China’s judicial officer selection system. First, it is required to promote the admission requirements for the judicial officer group, both strengthening the importance to the professional learning legal background and considering the special law enforcement experience so as to ensure the selection of the judicial officer group from the high quality legal talents; then it is required to improve the appointment and remove of the selected judicial officer, establish the special appointment committee for the judicial officer, implement the object of the direct management of local judicial authorities by the provincial judicial authorities, and improve the relevant professional training to promote the professionalism of the judicial officer group. Finally, it is required to further implement the practice of selecting the judicial officer of the upper level from the lower level, attempt to conduct the transfer system of the judicial officer group in a certain area and make appropriate adjustment and improvement on the relevant system for China’s judicial examination so as to achieve the organic connection with the current selection system for the judicial officer.