Present Situation Of Court Clerk System And Counter Measures

Clerks of the people’s court, it is to point to in the people’s courts at various levels in court records, assist to handle a series of judicial matters with strong profession and skill. The clerk, as an essential element in the work of the court judicial auxiliary personnel, plays an important role to improve the clerk’s comprehensive quality and professional skills, guarantee the stability of the contingent of clerks and improve people’s court trial work level and work efficiency. But due to the influence of old system under the model of "clerks—assistant judge—judicial judge", a lot of people overlook the career of being a clerk of the people’s court. They think it is a pre career as a clerk before being an independent judge. Clerks’ professional itself and its system reform have not been got fully attention. At the same time, the theoretical research about the clerk system is also in a state of stagnation for a long time in the field of academic research, out of systematic and deep research.<Measures for the management of the people’s court clerk on a trial basis> was jointly issued by the CPC central committee organization department, Personnel Department and Supreme People’s Court until October,2003. With the publication of< management measures> change the management chaos of court clerk for a long time, break the clerk management mode under the old system and adopt the new appointment system management mode. The court clerk system has a great development. However, with the continuous development of China’s economy and society, the quickening of the judicial system process, the<management measures> encountered some practical problems in the process, makes the clerk of the court system not adapt to the current judicial work. Such as nonstandard selection procedure of clerk, deleted training mechanism, hindered promotion channels, unfavorable regulatory measures, etc. These problems seriously affect the enthusiasm of the clerk; hinder the efficient scientific operation of the judicial system to some extent.It is the inevitable requirements of judicial reform development to establish a perfect clerk management system, strengthen the construction of the member of the court clerk, improve the clerks work level and work efficiency.Problem is work guidance, as well as the breach of the reform. The perfection of the court clerk system, relates to the work efficiency and the trial quality of the court, the reform of the professionalization of the judges, and even the construction of the whole judicial system. This paper starts from the basic overview of the court clerk, attempts to through the analysis of present clerk system, finds the existing problems in the current court clerk management and combined with the courts at all levels of pilot model and clerks management abroad, put forward some feasible measures of perfecting our country’s system of the court clerk, awaken all circles of the society pay high attention on the clerk work. Also, it plays a positive role for promoting the reform of management mode and consummating the court clerk system of our country.