Defects Of Judicial Reform-Dilemma Of Chinese Judges’ Elite

“The fourth five-year reform outline of people’s court” was issued by the Supreme People’s Court on July 2014. And “On the implementation of the party’s Eighth Session of the Fourth Plenary Session deciding to further deepen the reform of the judicial system and social plan" was issued by the general office of the CPC Central Committee and the general office of the State Council on February 2015.With these,judicial system is stepping into a new reform. People familiar with China’s judicial all know that judicial documents including such five-year outline was issued one after another over the past 15 years, but the final results are not satisfying. The judicial reform focus on the building of a high-quality law team. With the promotion of normalization,specialization, professionalization, there is a way to build a socialism law team loyal to the party, loyal to the country and loyal to the people. Among them, the judge elite construction is one priority of this reform. In this on-way judge professionalism construction period, is it too hard to put forward the elitism of judiciary, if the judge elite foundation has been established in China, and if China needs this? Without in-depth analysis and answers to these problems, the judge elite reform has been tested in some areas.Judicial reform is to realize the purpose of justice. And judge elite is only a means to achieve fairness and justice, rather than the purpose. The judge system in China is very backward, and the independence of the judicature is just a dream. The judge elite will become an external formality when some problems unsolved. For further, it can’t strengthen the judicial justice but weaken the judicial power. Based on the construction of judge system, this paper puts forward some substantive issues on the elitism of judiciary.This paper was divided into four parts:The first part is preface, briefly discusses the judicial reform process in China,and why judicial reform failed to obtain ideal results.The second part, first of all, expounds the judge system, probes into the source of the judge system, and compare the judge system with other judicial systems. Secondly,discusses what is elite and the requirement of the elite. Finally, details why the judge elite is put forward in today’s China.The third part is the main part of this paper, and discusses seven points. For respective, If the quality of today’s judges is good or not ? If the judges is the crux of the loss of judicial credibility? If our country, our society, our people is ready for the elitism of judiciary.? If the judges are independent? If the lifelong liability of misjudged cases is a huge mistake? If the judge elite can solve the belief crisis of the judge? If the judge elite can guarantee the judicial efficiency? Through the discussion on this seven points, we elaborates some main problems on Chinese judge system, and answer each problem related to the judge elite.The fourth part makes a prospect of the judge system construction and judicial reform in China, and points out that the backbone of Chinese judicial reform should be the judge, finally makes the summary to the elitism of judiciary.