On The Administrative Trend Of The Occupation Of The Judges In Our Country And Its Counteracting

The Fourth Plenary Session of the Eighteenth Central Committee of the CPC has adopted the resolves made by the Central Committee of the CPC on several vital issues concerning comprehensively promoting the process of ruling the country of law, which will serve as the guidance for China stepping up its pace towards a country ruled of law.In order to make China comprehensively ruled of law, it is a must to foster a group of judges with a high standard and quality, whose basic rights especially the right to make the judge independently in accordance with the law.However,these rights of the judges have been severely infringed by the fact that the whole occupation of judges in China has shown an administrative trend, which has done harm to the authority and fairness of the justice in China and hampered the process of making China a country ruled of law comprehensively.Having distinguished the differences between the administration and the justice,the thesis will illustrate how the whole occupation of judges in China has shown an administrative trend in detail including the ways of how the judges in China are chosen and appointed, how they are evaluated and how they are making the judge on a specific case. The administrative trend of the justice occupation in China having been described,the thesis will find reasons for why such a trend has appeared in China from both history and reality. The main historical reason, according to the thesis, may be as follows: it had been a tradition in ancient China for a local official to be the local judge at the same time, the effect of which remains today by popularizing a wrong belief that anybody only with a sense of fairness and equity instead of the qualified law majors with strict judicial training. The main reason from the reality for the trend, according to the thesis, is that the courts in China are financially dependent on the local governments.With the reasons having been analyzed, the thesis will put forward the suggestionsto deal with the trend as follows:firstly,to make it a flexible ratio for the local and central finance to share the judicial fees, but to make it a uniform way to manage and dispose the judicial fees by the central authority;secondly,to entitle the courts at the provincial level the right to choose all the judges of the courts under the provincial level by exams in accordance with the requirement of the resolves and interview those candidates who have passed the exam with a special committee newly established.;thirdly, to establish a platform on the Internet for the judges from the courts at the same level to discuss the complicated cases so that the adverse effect of the committee of judging will be dispelled and more professional judges will be gathered to contribute to making a fairer judge.