Research On The Specified-number-of-judge System From The Perspective Of Bureaucracy Theory

The specified-number-of-judge system in our country is carrying on intensely.In the new round of reform of the judicial system, the specified-number-of-judge system is the top priority.The core of the system is to promote the occupation of the judge system,to let more capable and experienced judges engaged trials,to ensure that judges are mainly concentrated in the trial line and “good steel is used on the edge”,further to provide necessary guarantee of human resources for the realization of judicial justice and the establishment of judicial authority.However, the system has the paradox of reform.This paper is divided into four parts. The first part firstly combs the judge occupation development process and analyses the judge occupation,finding that the main problems of judge occupation of our county is its low occupation level and serious administrative tendency of judges' professional system.The first part then introduces the theory of bureaucracy as the research tool of the paper, highlighting the connotation of bureaucracy,the rational process and legal authority as the basis of bureaucracy, the internal characteristics of the bureaucracy organization and a review on the bureaucracy.The second part firstly studys the judge occupation by the view of the bureaucracy theory,focusing on the administrative tendency of judges' professional system,finding the “formal rationality” and “bureaucracy structure” of the judge system of our country,also finding historical and practical relevance between the judge system of our country and the bureaucracy.So this shows that the essence of administrative tendency of judges' professional system is the application of the bureaucracy in the field of the judge occupation.The second part then compares the attribute of judges' profession and bureaucracy-characteristics of the profession of judges in our country,finding that the primary value goal pursued by the former is fair, while the latter is efficiency;The former is independent and autonomous,while the latter is hierarchic and of obedience;The two professional subject dimension of thinking also have essential differences.Therefore, the bureaucracy organization form is beneficial to the judge occupation.So we can sum up that any current judge occupation reform measures must be around strengthening the judge occupation and the gradual elimination of the bureaucracy of the judge occupation.The third part focuses on the specified-number-of-judge system, and points out this system has not get rid of the fetter of its administrative tendency. Administrative thinking has evolved into the developing Inertia of the judge occupation system in our country and has continued to influence the implementation of the judicial reform, bringing specified-number-of-judge system reform to "the administrative action",deviating from the route of reform, and generating the paradox of reform:the specified-number-of-judge system reform that aimed to promote the professionalization of judges may strengthen the administration of the system of judges and may be not benefit to the judges profession ultimately.The fourth part points out the embarrassing reality that the judge occupation in our country are facing:the bureaucracy organization which is used to judge professional management are faced with great distrust.So the judicial system tries to reduce the arbitrary power of the judge by strengthening the superior to subordinate supervision.Finally,this paper advocate the judicial reform to return to the attribute which it should have.It contains the establishment of the management system of judges' professional autonomy and the decentralization and supervision mechanism within the judicial system. The former makes the judge to be the independent main body of responsibility;the latter solves the problem that the power of the judge is too concentrated and the abuse of judge power.Then with the perfect judge safeguard mechanism, the judge disciplinary mechanism and other auxiliary system, judges for the mechanism of survival of the fittest naturally will prompt the outstanding judges to stay.Then determine the number of judges and keep it stable.