The Comparison Between Chinese And South Korean Judge Selection System And Its Inspiration

Being the group of people who exercise jurisdiction, judges shoulder the duty of settling disputes, maintaining civil rights and social order in the process of promoting a law-based country.The Fourth Plenary Session of the 18th CPC Central Committee put forward the idea of ruling the country by law on a full scale, including the professionalization and elitism of judges. Setting up a judge selection system based on the status quo of China is an important path to promoting the professionalization and elitism of judges.However, since the issue of the "Law on Judges", the progress of reforming the judge selection system has been slow. South Korea, which neighbors China, also belongs to the Confucian culture. It used to be part of the Chinese legal system. It has borrowed the advanced judicial system of the two law system boldly and set up a judge selection system full of its own characteristics through innovation since the modern times. It has enabled judges to play an important role in the social life and safeguarded the economic and social development of South Korea.China and South Korea bear resemblance in culture and the exchanges between the two countries have been more and more frequent. It has been on the rise that the two countries learn from each other in terms of systems. We should borrow the judge selection system from South Korea boldly to maintain the long-term friendship between the two countries and meet the need of a high-quality, high-efficiency judiciary by the mass. China is supposed to find out the problems in its judge selection system, introduce the advanced South Korean system for its own use, and abandon the systems unsuitable for its status quo to set up its own judge selection system and realize the professionalization and elitism of its judges.The thesis consists of introduction, body and conclusion. The first chapter of the thesis is introduction, which mainly deals with the purpose, meaning, scope and method of the research of the thesis.The second chapter gives a general idea of what judge selection system is. The first part defines what judge selection system is and points out its characteristics and functions. The second part states the status quo of China’s judge selection system, including the qualification and mechanism of the selection, promotion mechanism etc.The third part mainly analyzes the main problems in China’s judge selection system such as low qualifications of junior judges, the disadvantages of the junior judges training system, the administration and localization of the judge selection, defects in the judge selection system, the deficiency in the judge promotion mechanism. Later on, it analyzes the reasons for the problems on the historical, political and judiciary levels. The fourth part gives an objective evaluation on the pros and cons, introducing the measures taken in this round of judiciary reform.The third chapter gives a general idea of the South Korean judge selection system. First, it introduces the history of the modern South Korean judge selection system and highlights the two important systems in the current South Korean judge selection system:the judicial examination and the bar examination. Then, it introduces the current South Korean judge selection system, including the qualification and mechanism of the selection, promotion mechanism etc. Finally, it introduces the goal of the South Korean judge selection system, including increasing the level of trust on judges by the South Korean nationals, increasing the number of judges, improving the quality of judges, conforming to the needs of internationalization, satisfying the needs of the development of citizen society.The forth chapter puts forward the idea of perfecting China’s judge selection system through comparison. First, it talks about the necessity of the idea of selecting trust-worthy judges, borrowing the South Korean judge selection system. Finally, it puts forward the idea of shaping China’s judge selection system under the guidance of the notion of trust-worthy judges. It includes raising the bar for the admission of judges, confirming the number of judges with reason, building up scientific selection mechanism managed by provinces in a unified manner, perfecting the judge recruitment examination system, the training system for junior judges, step-by-step selection system for judges, and increasing the salary of judges etc.The conclusion of the fifth chapter summarizes the whole passage. It points out how China’s judge selection system is constituted and the necessity of basing China’s judge selection system on its own political and social situation and borrowing the sensible part of the South Korean judge selection system.