The Job Security Of Chinese Judges From The View Of Public Management

Good governance not only includes effective regime design, but also comprehensive rectification of regime drawbacks and timely settlement of social disputes. Hence, the process of judicial litigation constitutes part of public management. As the final remedy of social disputes,the effectiveness of judicial litigation greatly influences the realization of rule of law in China.Nevertheless, this article reveals that judges, as the major participants in the reform, hasn’t been encouraged because of lack of attention to their interests and flawed job security, which reflects our flaws in the management of human resources in the public sector. Specifically, Chinese judges are prone to a number of factors when deciding a case, such as the president of the law court; their professional reputation can not be compared with their western counterparts; their wages are so deficient that it’s even hard to maintain a decent life; their personal safety is not guaranteed by the law; existing oversight system are too dysfunctional to ensure the effective and proper exercise of Their power. These problems are pushing judges to resign to work as a lawyer, resulting in a phenomenon called adverse selection. At present, quite many pilot projects aimed at improving judges’ job security are being conducted all over China. To make judges better play their roles, we must make clear the relationships between judges and other entities within judicial system, as well as relationships between judicial departments, People’s Congress and governments; Judges shouldn’t be interfered with when deciding a case, so as to enhance their reputation by recognizing their autonomy; Multiple measures should be taken to increase judges’ income status; Violent protesting behaviors must be totally forbidden through legislature to ensure judges’ safety; Judicial reforms should also involve better occupational oversight against judges so that their power will not be abused. Only if judges are guaranteed with adequate job security can they effectively perform their functions according to law, and will solid basis be laid for rule of law in China.