The Challenges To China's Criminal Trial Under The Judicial System For Specified Number Of Personnel And Countermeasures

Judicial System for Specified Number of Personnel is the key content of judicial reform in order to develop elite and professional judges through the reform of the post system promoting the improvement of China's judicial reform and legal construction. The reform of judicial system for specified number of personnel can promote judicial justice,heighten the quality of judges, enhance public recognition of the judicial sense; can develop elite judges, improve judicial efficiency; can build incentive and competitive mechanism in the court, enhance the attractiveness of judges; can promote the conversion of the internal court functions, strengthen the first trial of strength. In addition, the reform of judicial system for specified number of personnel is an important opportunity to strengthen the independence of the judiciary and the responsibility system of judges.However, the reform of judicial system for specified number of personnel has brought many challenges to our country's criminal trial, that is, working pressure of "many cases but insufficient staff", the conflict of judicial responsibility and the risk of abuse of power.In order to resolve those challenges brought to the China's criminal justice works,this reform should be combined with the experience of the pilot, set clear and open judges selection criteria; strengthen and improve the construction of the assistant system of judges,take the "one judge, one engrossment clerk" or " one judge, one assistant and one engrossment clerk" of the judge team building model; play the function of pretrial conference system; perfect the system of criminal summary procedure and expand the scope of application of the system appropriately improving the efficiency of lawsuit;adhere to the existing "all dossier transfer system" in the prosecution stage ensuring the judicial officers can understand the whole things in front of the court; strengthen the inquisitorial trial in the trial stage appropriately; extend the scope of the sole judge system;establish and improve the judicial responsibility system.