Research On The Judge Post System In China

As early as 2002, it was said to establish the judge post system in China. Ten years passed, and now the justice practices have not been improved, problems such as "the judge does not deal with the case", "many cases but few judges" and "administrative management",which are getting increasingly worse instead. The Central Committee of the Communist Party of China’s 18th sessions of 4th plenary conference has been convened, and comprehensively steps of reform have been taken deeply. Under this background, the Supreme People’s Court puts forward to comprehensively deepen the court personnel management reform, and places the post system reform on the highlight position of "Fourth-five reform outline".The judge post system is not simply addition and subtraction of judge posts, which is specifically including:(A) The judge into-post system. That is, which judges can get posts and whether the system is against "Judges Law". (B) The dividing system for no-post judges. That is, how to guarantee the rights and interests of the no-post judges and how they will be properly arranged. (C) The judge selection system. That is, specifying the standards, institutions, procedures of judge selection. (D) The judge occupation guarantee system. That is to provide sound occupation guarantee. (E) The judge disciplinary system. That is to urge judges performing their duties according to law.There are some practical reasons for once again coming up with the post system:(A) The "administration" of the Court weakens the judge’s independence, which leads to a chaos between superior and subordinate in a court relationship. And there are also negative effect on the judge’s promotion and motivation. (B) The judge’s professional level is not high. The threshold of judge selection is low. And there is lack of pre-job training and practice experience for judges. (C) The judge’s professionalization level is not high. The human, financial and material resources required for the Court operation are still independent. It is not reasonable for judges’early retirement. And the judge professional ethics is missing. (D) The inequality phenomenon of judges’busy and spare time is serious. "More cases with less judges" problem is unusually severe in developed areas, grass-roots courts, civil and commercial trial divisions. (E) Judges are facing heavier "extra burden". Judges are responsible for a large number of business which is not relevant with trial and some extra affairs which should be handled by judge assistants.The judge post system has a positive practical significance, but the establishment is not plain sailing. There are some risk factors we must pay attention to:Who is to determine the judge post? What are the standards of determining the judge post? Although young judges have insufficient qualification and experience and no right of speech, they are the main trial force in our country. How to avoid transferring young judges to judge assistants during the implementation of the post system? If it is carried out rashly, it will either cause unstable members in a court, which will intensifying youth judges’loss, or a failed post system reform.How to orderly carry out the establishment of the judge post system? The author puts forward the following suggestions:(A) Properly determining the judge posts. And the proportion of the judge posts is not unchangeable. There could be more posts in developed areas, grass-roots courts and civil and commercial trial divisions. (B) Improving the judge selection system. Specifying the standards of the judge into-post. Enlarging enroll range; Reforming the appointment system. Establishing a selection procedure. Implementing the last-elimination system. (C)Improving judge occupation guarantee system. Adhering to the "de-administration" and "de-localization" reform. Improving the judge identity protection system. Improving the vocational education system. (D) Carrying out the judge assistant system. Making sure that judge assistants ’well-paid treatment and broad career prospect, and keep them staying in court for future appointment. (E) Perfecting the judge disciplinary system. Specifying the subject status of the disciplinary institution. Perfecting the relevant legislation. Perfecting the disciplinary measures. Rebuilding disciplinary procedures.