A Study On The Judge Selection And Appointment System Under The Judge Personnel System

To improve the system of judge selection has great significance to the system of judge professionalization, especially under the Judge Personnel System.. A set of scientifically rigorous judge selection and appointment mechanism, there is conducive to the improvement of population quality of judges, to ensure jurisdiction shall be independent and impartial exercise, so as to further strengthen the credibility of the judiciary. China’s current system of selecting judges was highly criticized points focused on:conditions for selection is too broad; the lack of pure service training mechanism, not the vocational training and the judge appointed judge selection procedure combined;judges young. Under the present conditions, the level of economic development and the judicial reform background, especially the establishment and implementation of judge personnel system to judge posts more scarce, build and perfect our country’s judge selection and appointment mechanism is particularly urgent, which will not only improve the judges’quality effective way and into a step necessary requirement to perfect the socialist judicial system in our country. Especially in order for the pilot system of the exact number of propulsion, to improve the system of judges selected provides a handy reference to promoting the judge professionalism construction. A scientific and rigorous judges selected mechanism, which is beneficial to the judge group quality, guarantees the exercise of judicial power independently in accordance with the law, so as to enhance the judicial credibility. Judges selected system is worst in our current focus on:selected conditions too broad; The lack of prior training mechanism, not to vocational training and the judge appointed, combining the judge selection process; Judges selected civil servants, promoted the security administration; The judge team getting younger. At present national conditions, economic development level and under the background of judicial reform, especially the establishment and make and make the judge took more scarce, the judge took to build and perfect our country’s judges selected mechanism is particularly urgent, this is not only an effective way to enhance the professional quality of the judges, and to further improve the inevitable requirement of the socialist legal system in our country.In this paper, perfect judge selection and appointment system in our country, we must first improve the judge’s qualification standard, according to the court hierarchy level set the selection of conditions, the higher the level of the court judges the higher standards. The second, strictly judges are conditions, establish the pure service training and training system, and the judge will prepare judge training assistant selection combination; the third, to build a diversified judge selection channel, we will judge the selection and combination of selection of judges, superior court judges from lower courts especially the grassroots courts selection, can also open selection in society, to attract more excellent legal talents; and finally improve the exit mechanism, to build and improve the daily evaluation and impeachment mechanism, will judge daily evaluation conclusion and appraisal, the exit mechanism of selection of judges posts linked. The judge selection and appointment system and judge personnel system, hierarchy, working with the combination of the training system, supervision mechanism, forming perfect judge selection and appointment mechanism.For court posts of the pilot of the practice court, the judicial reform in the transition period that court to deal with the internal personnel of selecting judges take should be consistent with the long-term goal of the election of judges, but also with the transition scheme of the current court status, and specific measures of transition scheme implementation opinions were put forward one of them is the judge personnel system transition period of judicial selection system, according to the judicial personnel of courts at different levels and different identity, clear selection of any right to exercise the body, selection methods and different selection object selection criteria proposed for with trial titles, hospital leadership, leadership of the court room and retiring old judge group, should adopt different standards. The second of the judge into the post, according to the assessment of the implementation of the withdrawal mechanism, so that the judge post to achieve dynamic adjustment. For failed to enter the amount of the judge, set the transition period 3-5 years, in which the period of time to retain the judge’s treatment and identity, after the transition period is still unable to enter the amount, in accordance with the relevant national policy diversion. The third is to set aside a certain percentage of judges, to ensure that the young judge to enter the post in time to play the role of the backbone of the case. The fourth is the judge selection procedures and qualification examination, occupational training system combination, together form the judge selection mechanism. Depending on the principle of the qualified party can be hired, the reform of the current judge qualification examination system and the preparation of the judge training system. Increase the number of Judges Professional exam, through national laws and industry uniform judicial examination based on vocational training, training and then to participate in the law of the law of the judge’s professional qualification examination. The fifth is tantamount to combine vocational training with the court practice, the probation system, the implementation of the supporting system of probation judges. Prepare judge training and appointment of judge assistant combination, establish the mechanism of reserve talents. The sixth is the creation of a superior, lower court judges flow of long-term system, the selection of judges, improve the social and legal professionals to enter the ranks of judges. Constructing and improving the structure and function of the professional selection mechanism and the selection procedure.