Study On Appraisal System For The Judge In China

Appraisal system exist in all walks of life, the direct basis to understand the workeffectiveness of the professionals and tender the rewards and punishment thereon andalso the systematic guarantee to smoothly complete the work and task and achieve thework goals. Appraisal system is in different form in different walks of different natureand the key to achieve its function lies in whether appraisal system meets theoccupation attribute. As a profession, the judge also requires the appraisal to judge hiswork effectiveness. Appraisal system for the judge constitutes an important part in thejudge management system. Therefore, scientific and reasonable appraisal system forthe judge is of great significance to the overall enhancement of the professional levelof the judge and the smooth development of the judicial trail work. The professionalattribute of the judge determines that appraisal system for the judge is different fromthat for other professions. As the subject to directly perform the judicial trial right, thejudge’s professional attribute is definite. Therefore, appraisal system constructed forthe judge must conform to the requirement for the judge’s professional attribute.However, the real appraisal system for the judge fails to manifest the attribute. Inaccordance with the provisions of the Civil Servant Law in China, the civil servantrefers to the functionary who performs public office in accordance with law,incorporated into the state administrative system and offered salary and benefit by thenational finance. Therefore, whether the administrative personnel working inadministrative organs the judge working in the judicial organs is the functionary in theCivil Servant Law, subject to the adjustment thereby. While the legislaturepromulgates the Judges Law, appraisal system therein is not so different from theprovisions therefor in Civil Servant Law. In the absence of a clear legal basis, in themeantime affected by the strong traditional administrative consciousness, appraisalsystem for the judge formulated by the courts at all levels is characterized with strongadministrative color, and in addition to the unreasonable appraisal content,unscientific appraisal methods and procedures, appraisal system for the judge whichconforms to the professional characteristics and trial rule of the judge and which is different from management system for the administrative personnel has not beenformed. The judge who works in the court exercises judicial power and theadministrative personnel in the administrative organ exercises the administrativepower, causing that judicial power has a clear division with the administrative powerin pursuit of value, function position and operation mode. The circumstance thatappraisal system characterized with strong administrative color is used to appraise thework of the judge can not truly reflect the effectiveness of the judge, nor can achieveappraisal goals. Such circumstance instead increases the difficulty of the judge, andenhances the psychological conflict thereof, which will greatly reduce theeffectiveness of the judicial work. Through the analysis of the current appraisalsystem for the judge and the reasons for its formation, in combination with the actualconditions and under the guidance of appraisal idea in line with the professionalattribute of the judge, this thesis endeavors to promote appraisal system for the judgein China from the perspective of goals, contents, standards, procedures, methods andappraisal results of the appraisal for the judge.