Study On The Reform Of The Judge Personnel System Based On The Structure Of The Court

The judge personnel system is an important part of the current judicial system reform. The reason why the state implements the reform means the deviation between the court personnel and judicial fairness. This deviation not only affects the judicial efficiency and fairness, but also affects the initiative and enthusiasm of the judicial personnel. Under the background of the rule of law, people have increasingly higher expectations of the judicature, the state also proposes to build a fair, efficient and authoritative judicature. The judge personnel system is being carried out under this background. However, the traditional administrative mode of court and judge and the generalization of the judge identity lead to the dilemma and problems in the judge personnel system reform. If the reform is radically carried out regardless of specific conditions, it will lead to inconsistent system connection problems and the crisis of the loss of judicial personnel, which are obviously not the desired results. If the reform wants to promote the judicial justice and arouse the enthusiasm and responsibility of the judicial officers, then, according to the actual problems, it needs overall system setting, deal with the existing conflicts, make the national judicial reform consistent with the interests of people. Therefore, this paper, starting from the structure of the current court personnel, explains the necessity of the judge personnel system reform, analyzes the problems and conflicts in the reform, gives suggestions on judge personnel system optimization settings, in view of these problems.In addition to the introduction and conclusion, this paper consists of four parts, the main contents are as follows:Part one:This part, beginning with the current situation of the judge in China, through the "judge law" provisions and the relevant data in the judicial investigation, explains the deviation of current judges and judicature, to a certain degree: the generalization of the work position of the judge, the unreasonable structure of the court, inconsistence between the judge and the case. Problems in the current conditions of the Chinese judge call for the reform aimed at the judge.Part Two:This part explains that the current conditions of the Chinese judge need the judge personnel system. The reform should resolve the problem of the judge's independence and specialization in the current conditions of the Chinese judge. The judge personnel system can solve these problems effectively, so the central level makes top-level design for the judge personnel system. Central top-level design experiences a long preparation process and is currently quite mature. Pilot programs have been implemented nationwide.Part Three:This part mainly discusses some conflicts in promoting the judge personnel system. Firstly, the conflict between underbraced rationality and legitimacy and good images of the top-level design. Secondly, the conflict between the inherent judge "inertia" and foreign changes. Thirdly, the conflict between the lack of the supporting system design and the high standard of the personnel system. Fourthly, the conflict between the outbreak of the case and the reduction of personnel. These conflicts exist in the current results of the pilot projects, we must take precautions, in perfecting the judge personnel system.Part four:This part mainly discusses the establishment and perfection of the judge personnel system. Firstly, provide sufficient justification and make legal amendments, strengthen theoretical research and meanwhile prepare for the legislation of judge personnel system, increase rationality and legal support of the judge personnel system. Secondly, adjust judge personnel dynamically. The determination of the proportion of personnel should consist with the overall goal of the judicial reform, overall keep it in a smaller proportion. At the same time, it should be based on specific cases of judicial activities to complete the court's trial task. The allocation of personnel can consider the overall distribution in the country to balance regional differences and promote judicial justice. Thirdly, from the point of system coordination, improve the judge personnel system. The text discusses mainly in four aspects: perfecting the judge selection and promotion system, perfecting the system of judge assistants, reforming assistant judge system, strengthening supervision mechanism. Through the coordination of the relevant system, it can optimize the structure of the court staff, which consists with the starting point of the judge personnel system and contributes to the promotion of the judge personnel system. Fourthly, avoid the brain drain. Specific measures are as follows: to properly handle the judge shunt in promoting the judge personnel system, to set aside specified numbers of personnel for newcomers, improve the job security of the court personnel, increase flexibility in promoting the judge personnel system, etc. These measures can reduce the cost of judicial reform, decomposition reform resistance, ease the throes in the process of promoting the reform.Generally speaking, the judge personnel system conforms to the law of judicial operation, and complies with the direction of the judicial system reform. Although there are some difficulties in the actual operation, we cannot consequently give up the reform. This paper puts forward the specific measures to improve the judge personnel system, in order to improve the effects of promoting the judge personnel system, to better perform the function of the judicature, to promote the realization of judicial justice.