Research On The Reform Of Judge Selection System In China

The court is the last defense to maintain legal justice, social fairness and forward the course of running state affairs. Therefore, the judge as goalkeeper of the last defense must possess the professional quality of law and a high ethics level. Thus, the judge professionalization has long been the goal of Chinese law workers in resent years as well as it has became an important subject of development of modern legislation. However, due to historical, political, and many other reasons, there exist some problems in the construction of the professional judge in our country. Consequently, the enhancement of judicial credibility and legal authority in our country has been seriously threatened and challenged. Therefore, Judge selection system plays an essential role to rebuild public confidence force of judicature and maintain legal justice.The 18 th National Congress of the CPC put forward the task of reforming the judicial system; the Third Plenary Session of the 18 th Central Committee of the CPC made a full deployment for deepening the judicial system reform, clearly set the "build a fair, efficient and authoritative socialist judicial system" as the goal of judicial reform. Judge selection system is an important content of court personnel management reform, an important part of team building and an important measure to promote the standardization, specialization and professionalization of the specialized team of rule of law. “Decision of the Central Committee of the CPC on a Number of Major Issues Concerning the Overall Promotion of the Rule of Law”, adopted in the Forth Plenary Session of the 18 th Central Committee of the CPC, also clearly points out the establishment of the judge selection system. Therefore, establishing a scientific, rational and standardized stepwise selection system of judges is not only a significant measure of judicial reform and the primary task to promote the professionalization of judges as well as safeguard judicial impartiality, but also a major issue related to the construction of "the rule of law in China".This paper is aimed to make a theoretical study on the existing problems and reasons of the Judge Selection System, establish and improve the Judge Selection System of our country, and vigorously promote the process of rule of law. Firstly, The paper provides a detailed analysis of the judge selection system in China and summarizes existing problems and reasons in the judge access qualifications and the selection process. Meanwhile, through making a comparative analysis of the judge system in civil law system and common law system; our country can absorb and learn overseas beneficial experience of the development of law; and provides our country with an available perspective for reference.Reform of the judicial system puts forward new requirements for the selection of the judge in our country, the reform pilot work also has carried on the beneficial exploration in this area, this has accumulated experiences for the construction of the judge selection system and has laid the foundation for the reform of the system. Construction of the judge selection system is an entire work, which should not only strictly judges access mechanism that includes set up special selection mechanism, standardize the selection criteria and procedures, but also move forward in combating others coordinating series of regulations. After that, the judge selection will be ensured to go well. Presently, As an important part of the reform of the judicial system in our country, the construction of the judge selection system must proceed from the overall, on the basis of reform-post system and judiciary classified management. Reform corresponding guarantee judicial profession, ensure that the selected judge can remain in court and concentrate on structure of judicial professionalization, thus boost reform of the judicial system.