Research On The Improvement Of The Judge Selection System Of China

The judge is the carrier of the national judicial power, which guarantees the realization of the national judicial justice and the establishment of the judicial authority. Good judges play as the fresh spring, flowing in the gaps of the judicial reform. The highest Court of our country have put forward the concept of the judge professionalization since 2002,actively promoting the judge posts, the judge selection, the specific management system of court clerk and so on, which focus on the selection of a team of good professional judges. The judge professionalization is the inevitable demand of ruling bylaw to the modern judicial system.With the new round of judicial reform, the improvement of the judge selection system has becoming the focus of people again. In order to complete our national judge admittance system, the most important is to ensure that the excellent legal talents are attractive to the judge career. Since a flow of legal talents want to join in the judges, we can truly select out the excellent candidates for judges. However, the reform of judge selection system has faced several dilemmas. The media have reported that the resignation of many judges, we have to face the problem that the loss of professional attraction of the judge. The large number of cases, the pressure of handling cases, low salary and the lack sense of honor are the reasons for the resignation of judges. Besides, the proportion of apply for the election of judges is reduced, which means the judge professional for legal talents attraction is also reduced.The author hopes that by comparing the reference to the United States, Germany and Japanese access system, related to our national dynamic contact of judicial, analyzes the existing problems of access system in China. Firstly, the requirement of judge’s degree is on the low side. The law education is beneficial to form a theoretical system and train the judge’s quality, but the qualification of our access judge is not ideal. Compared to the Japan’s judge selection system, our country pays more attention to the theory rather than the practical experience, which is not beneficial to the development of judge professionalization. Secondly, the internal and external relationships between the courts of the security administration resulf on the role of judge security administration. This problem has been related to the concept’Party cadres’, which means the court could not enjoy the real independent judicial power. Moreover, the ’party cadres’ appointment could hinder the realization of judicial justice. Lastly, our judge selection system is lacking of moral evaluation mechanism, and the judge step by step promotion mechanism still has some problems to settle. In view of the above problems, this article attempts to analyze the comparison of the United States, Germany, and Japanese judge selection system, so as to put forward some practical references of improving the judge selection system.The writing skills of this article include the comparative analysis, summary and systematic study. The innovation point of this article is that through the comparisons of the other three countries, based on the two major legal systems of a comparative study, analyzing of the new round of judicial reform measures and the typical reform measures about the judge selection system, trying to seek the possible way of the judge selection system in China. For example, to define the qualification element of the judge, to innovate the judge selection mechanism, to classify and manage the positions of the court. The reform of the judge selection system is by no means an overnight thing, we should combine China’s basic national conditions to the other country’s judge selection system, to try our best to improve our mechanism, specific issues specific analysis. In this way, we should improve the process of judge professionalization and create a team of high-quality professional judges, realizing of national judicial justice and the judicial authority.