The Research On The Perfection Of Judges’ Performance Evaluation System In China

The aim of this paper is to absorb the domestic scholars’ research experience about judges’ performance evaluation system,to research and understand the court on the current implementation of the latest status of the performance appraisal of judges in deep field, and try to get a comprehensive and in-depth grasp about the theoretical study of the process of our country judge performance evaluation mechanism and the real operating condition, allowing a thorough analysis of the main problems which the appraisal mechanism today still exists. On the basis of this, I draw lessons from predecessors proposed various theoretical assumptions, and extent reference mechanism in foreign outstanding status of implementation, put forward a series of scientific measures to improve this system, in order to achieve more suitable construction of all sorts of practical problems in the evaluation mechanism for new judicial reform and China’s newest national conditions, provide some of the more scientific mechanism design, as China judges professionalization development and even China’s judicial independence and impartiality of the real now as a humble to solve our country judge performance evaluation of long-term "arrested on a die, a place on the chaos" situation.In order to achieve this goal, this paper mainly focuses on the operation status of the judges of the performance evaluation mechanism is summarized and its forming background, our country judge performance evaluation mechanism,our country judge performance evaluation mechanism of the current problem, our country judge performance evaluation mechanism of perfect design. First, try to through the concept of evaluation mechanism basis for understanding the evaluation theory and evaluation of the feasibility of pre grasp, found for the post evaluation mechanism and system perfection in the solid foundation. Secondly, try to through our country judge performance evaluation mechanism of legal basis and operation status are summarized, in order to understand China’s examination and assessment of judges of the special background and the latest situation better, provides the most far-reaching legal background and the forefront of the evaluation information. Furthermore, on the basis of the former comprehensively and scientifically summed up the core issue of my examination and assessment of judges mechanism where, seize the evaluation mechanism in various criticisms of the crux, providing for direction of the perfect design of the evaluation mechanism. Finally, this paper put forward some self construction of system construction measures on the basis of predecessors and based on the comprehensive analysis on the appraisal mechanism in our country, in order to provide some advices and suggestions be the basis of institutional innovation for perfecting judges’ performance evaluation mechanism.On the course of the study, the paper mainly adopts three research methods, which are: first, empirical analysis. The performance appraisals the relevant court official guidance documents and scholars related to the empirical study making a full analysis, try to be aware of the resources of the existing legislation and the insufficiency as well as the evaluation mechanism of the practical problems where,and perfect the strategy to lay the foundation. Second, comparative analysis and cross study. In this paper, the study of the performance evaluation mechanism of the court, the first and the administrative examination system of civil servants were compared, the performance evaluation system of the court should comply with the law of justice and reflect the difference. The paper also uses the crossover study methods, integrated use of modern public managementtheory, the economic analysis theory, theory of social transformation, various background theory on court performance evaluation mechanism of comprehensive and profound analysis. Third, system analysis method. This paper appeared in the court of the performance appraisal phenomenon reason, following the historical environment, idea, system analysis, combine the historical and realistic reasons, the concept of reason and system reason, internal causes and external causes, performance appraisal of the court made more systematic and comprehensive analysis. In the performance evaluation system of the court, it also uses a similar construction mode, in order to build a more systematic and perfect performance evaluation system.Through the previous theoretical research and practice analysis, this paper mainly summarized the four key problems about our country judge performance evaluation mechanism:administration of judges’ performance evaluation mechanism, evaluation of the organization’s internalization, excessive quantification of evaluation indicators, the absence of the application of evaluation results. The administration of appraisal mechanism mainly includes the evaluation target fuzzy, evaluating the content of civil servants, the evaluation method of hierarchical; in terms of internal evaluation organization mainly includes topics appraisal single professional is not strong, system evaluation program, lack of evaluation subject, the absence of; in the evaluation index of the excessive number, including strengthening the quantitative indicators lead to alienation, part of the index in conflict with each other, index cannot reflect the course of the trial; The absence of the use of evaluation results of mainly includes the evaluation result from the lack of authority, appraisal results and rewards virtual hook and use of evaluation results is too single.In view of these problems, this paper puts forward the following measures to improve the evaluation mechanism for providing a theoretical and practical reference: first, the introduction of process evaluation mechanism, to break the evaluation of administrative. Including: clearing goal tree evaluation direction, content changes go professional evaluation, sound method to rank evaluation; second, outstanding judgment and reasoning, the professionalism of evaluation. Including: judgment and evaluation rules of reasoning, judgment and reasoning incentive mechanism and rules; third, expanding evaluationorganization, eliminate internal evaluation. Include: adding the judge self evaluation, absorbing multi subject to participate in the evaluation, building system evaluation procedures; fourth, optimizing the evaluation index design, to correct the excessive. Including: to strengthen the indicators of scientific, the overall control index, improve the effectiveness of indicators; fifth, the full use of evaluation results, to achieve efficient evaluation. Including: strengthen the authority of the evaluation results, to achieve the results of the evaluation and rewards and punishment reasonable linked to achieve the results of the evaluation and training of effective convergence, to achieve the results of the evaluation and supervision. It is the theory and practice of the innovation of the theory and practice of this paper to improve the countermeasures.The main innovation of this paper lies in the improvement of the concept of the judge’s evaluation mechanism and the direction of the improvement of the countermeasures. In philosophy, this article grasps the judicial attribute and the administration of justice attributes in essence are two different concepts. The former emphasizes is the judicial power, is the pursuit of judicial independence and justice, while the latter emphasizes the is executive power, is the pursuit of administrative efficiency and quality, while the latter in the ultimate goal of pursuit is to the justice and the service, but the attribute determines the nature does not belong to the scope of judicial attribute. Judge performance appraisal is a judicial management attribute category, it pursues is judicial attribute is reached through a right of administrative management, its use is logic of the administration of justice, also known as administrative disciplinary logic, the judicial power and the free logic is completely different. So in improvement of performance evaluation mechanism, we need to clearly distinguish the evaluation mechanism of judicial management attribute, knowing in the foundation up to perfect the evaluation mechanism, and not arrogate to judicial attribute and a direct attempt to through the reconstruction to judge performance evaluation mechanism completely belong to the category of the judicial, which is not scientific, is unable to do so.The countermeasures, this paper put forward the evaluation index design on the need to inject the key link in the judicial process, and the introduction of the judge’s judgment and reasoning mechanism, characteristicsof professionalization of prominent judges to better achieve examination and assessment of judges and to ensure that the exercise of jurisdiction justice. Secondly, in the use of evaluation results, this paper argues that to realize the evaluation of the ultimate goal, the results of the use of should mainly focus on the behavioral assessment of judges, instead of focusing on the judge’s job promotion and other rewards and punishment. This is precisely in line with the direct target of evaluation is to realize the judge of self improvement and self perfect to promote comprehensive development of the judge’s own. Because in the evaluation process, judges are not the means to achieve their ultimate goals, the judge should have been of appraisal mechanism is realization of the goal of, and evaluation mechanism is judges to achieve self development so as to contribute to the ultimate goal of realizing the platform, only this way of looking at the evaluation of the operation and evaluation of the use of the results, in order to achieve the ultimate goal of the evaluation of the implementation of the ultimate goal, to ensure the impartial exercise of the judicial power, in order to truly achieve the independence of the judiciary and judicial justice.