A Preliminary Study On The Selection System Of Judges In The Context Of The Rule Of Law

Justice of judicature demands a contingent of high quality judges. Reform and improvement on the Judges’ Selection System is an important part of the personnel system reform,as well as an important guarantee to build high quality professional judges.However, in our country’s judicial reform process, the Judges selection system although achieved some results, but in general can not meet the needs of the development of the quality of the judge.This essay includes four parts. Firstly, the judge selection system theory were summarized in this essay, secondly the foreign judge selection systems were investigated and compared, and then analyzes the problem of the judge selection system in our country and analyzes the reasons, finally,in view of the problem of the judge selection system in our country,puts forward the target, path selection and specific measures of perfecting the judge selection system.Part one outlines the judge selection system, firstly defines the meaning of the judge selection system and points out that the characteristics of the judge selection system, the judge selection behavior has nationality and authority, the judge selection qualifications have certainty and strictness, the judge selection process is democratic and scientific, the judge selection have the openness and social activities; Then analyses the composition of the judge selection system, including the judge qualifications and selection mechanism; Finally, summarizes the function of the judge selection system, In all, it has the positive significance to the improvement of quality of the judge, the judge professionalization, the formation of the group,the realization of judicial justice and judicial authority.Part two is mainly on the investigation to the judge selection system abroad and compare, firstly, introduces the characteristics of the judge selection system in the common law countries, mainly in the United States and Britain, for example; Secondly introduces characteristic of the judge selection system in the mainland legal system country, mainly in Germany and France,for example; Contra poses to the final state judge selection system comparison,summarizes their similarities and differences and analyzes the reasons,for the model to construct the judge selection system in China in next test.Part three first reviews and summarizes the history development of the judge selection of People’s Republic of China, and its jurisprudence foundation. then analyzes the main problems of the judge selection system, mainly including: judges qualification requirements is low, the judges selected system is unreasonable,promotion mechanism step by step and guarantee mechanism is incomplete, the judge selection process is not perfect, there are many reasons for low quality of the judge in our country, but they all have close relationship with the perfect judge selection system; And then discusses the reasons of the existence of problems, both historical reasons, and the political system, social reality, etc.Part four put forwards the perfect judge selection system of our country. Firstly,it is clear about the goal and the path choice of perfecting our country’s judge selection system, the judge selection system reform of the short-term goal is to improve the quality of the judges, the long-term goal is to judge professionalism construction, and to promote judicial justice. The judge selection system reform is not achieved overnight, radical reform in our country doesn’t work, it must take a top-down way of gradual reform. Then the judge selection system of the basic system of classified management system, in which the court system and the specific number of judges are analyzed,and on this basis, the specific reform measures are put forward, mainly including raising the judge qualifications, improving the subject level of judge appointed and selected, setting up specialized institutions and gradually establishing the multi-channel selection system, gradually improving the treatment of judge, longjudge tenure, etc.Conclusion is a summary of full text, the construction of the judge selection system in China can not copy western models, nor attempt to draw the outline of the framework of modern country under the rule of law the judge selection system after "pump", points out that the construction of the judge selection system in our country, should be based on China’s current political and social reality, and should follow the inherent law of modern judicial system.