The Dilemma And Outlet Of Local Judge Selection System Under The Background Of Judicial Reform

Since the Eighteenth National Congress of the Communist Party of China (18th Party Congress), the Central Committee of the Communist of China (CPC) accelerate the pace of the judicial reform. It is the inevitable requirement to safeguard social fairness and justice, and advance rule of law comprehensively. In 2014, the CPC chose 7 provinces in the east, central, west of China, as the first batch of judicial reform pilot.In 2015, CPC chose another 11 province, city, autonomous region in north and south of China to promote a new round trial. The judge selection system has become one of the important measure in the pilot court reforming program. The judge selection system not only include:the selection of junior judge, judge selection step by step from the local court to the Supreme Court, also include the selection of the qualified member in the current judge personnel structure reform. The government have strengthened the top-level design of judge selection system, aim to make rule to follow in the national court system. But each court’s judge selection system are very different, especially in the aspect of the judge qualification. With the deepening of judge personnel structure reform, some deep problems were exposed gradually. Many experienced judges chose resignation, formed the "resign tide". So the most urgent matter of judge selection reform is that how to retain the existing talent, and also attract another professional talents outside court system. The article was written on the basis of researching relevant data, and was divided into three parts to analyze and summarize the dilemma of local judge selection system. I suggested to establish diversified judge selection system, on the basis of strengthening the top-level design, to improve the judge selection. And we should especially consider the different situation of county court and district court.Chapter One introduced the local judge selection system,the dilemma of this system, and then analyzed its reason. I elaborated the historical development of judge selection system, included ancient times, the Republic of China period, the period since the establishment of the P.R.C. to 18th Party Congress. I summarized the characteristic and advantage of each period’s judge selection system, and also analyzed its problem and disadvantage. Compared with the judge selection system in U.S.A., Japan, France, and Germany, I analyzed the disadvantage of China judge selection system.Chapter Two summarized the reform pilot model of local judge selection system in the pilot court, and then analyzed the practice dilemma and system dilemma during the reforming. I elaborated reform measures of the judge selection committee, proportional judge number system, judge stepwise selection system. I analyzed the practice dilemma to promote the reform pilot model of local judge selection system, on the basis of considering different situation of district and county court’s personnel status and judicial practice situation. I point out the problems which should be paid attention, when we design the local judge selection system in future. On the basis of analyzed the dilemma to promote the reform pilot model of local judge selection system, I put forward my own view on the disadvantage of judge selection committee, proportional judge number system, judge stepwise selection system.Chapter Three suggested the improving measure of local judge selection system. I formulated adjustable and diversified plan focus on the local junior judge selection, judge stepwise selection, judge proportional selection, considering the different social, economic, culture situation. I suggested to improve legislation, clear system, enhance standard, improve relevant support measures on the aspect of judge selection committee composition, judge proportional selection decision, local junior judge appointment, sitting judges qualification examination, stepwise selection, judge promotion, etc.