Research On The Occupational Mobility Of The Judge

Occupational mobility reflects the optimal allocation of resources and Personal pursuit. From the historical perspective, within the system, the phenomenon of occupational mobility occurred much earlier than the outside.From the perspective of comparative law, It is determined by the genealogy of law.In our country, Occupational mobility of the judge conforms to the characteristic of power structure, economic system,It is different from common law countries that the judge mainly from lawyers and jurists and maintain a relatively stable situation. It also differs from those continental law system countries that they do not restrict the flow of the judge career but rarely judges still frequent occupational mobility.so the occupational mobility has reflected the society.On the one hand, it reflects the attitude of the judge who realize self-value and social value. On the other hand, it also reflects the "concentric circles" characteristics of the structure of state and the resource allocation mechanisms by the development of modern market economy and the change of the structure. Making a depth analysis can help us to keep the objective attitude for evaluate the influence of the judge occupational mobility.It can not only get the frequent adverse effect brought by the occupational mobility, also can see its positive significance. At the same time, on the basis of the existing "fragmentation" that we have adopted reasonably that we can put forward two proposal, the first one is to follow the basic rules of modern justice, breaking the "concentric circles" situation of national power structure.The second one is to improve the mechanism of judicial system resource allocation and opportunity structure, eliminate the institutional barriers between the legal profession.