The Research Of The Judge Selection And Appointment System By Judge's Specialization

For how to realize the specialization and professionalization of judges in China,the discussion between related experts and the exploration in judicial practice has been going on for decades,but still hovering in the gap between the ideal and the reality.Among them,the professionalization of judges has always been a focus of experts and scholars,but the specialization of judges appears relatively unpopular.Many existing theoretical research tend to confuse the two.But actually,specialization and professionalization do not belong to the same category theory.On the basis of discussing the difference between the specialization and professionalization of judges,this paper tries to define standard of the professionalization of judges,and to construct the system of selecting judges in our country,in reference to the useful experience of extraterritorial judicial practice and domestic reforms.This paper is divided into introduction,body and conclusion.The main body is composed of four chapters.The preface brings up the question of "who will be the judges",pointing out that the scientific standard of judge selection is the key to the problem.In the first chapter,after discriminating the evolution process of the words like "specialized" and "specialization","profession" and "professional",the essay analyzes the interaction between specialization of judges and the origin of judges,points out the necessity of specialization of judge,and finally summarizes the definition and elements of specialization of the judge.The second chapter mainly analyzes the concerned elements of extraterritorial Judge Selection System in the specialized perspective,selecting the United States,Germany and Japan as samples to identify similarities such as Postgraduate education and Legal practice among them.In the third chapter,on the basis of the analysis of the historical evolution of Judge Selection System,this essay points out that the deficiencies of the current system mainly depend on the low qualification of the judge,the simple way of the examination and the appointment,the defect of the Selection process,and so on.Combined with the foregoing analysis,the fourth chapter attempts to construct our specialized Judge Selection System,including scientificly setting up specialized access conditions,building multiple judge election channels,discussing the emerging provincial pilot program of reform and putting forward own views.Suggest to set the Judge Selection Committee under the provincial people's congress standing committee,and let the declaration system take the place of the nomination system when selecting judges.Finally clarifying the corresponding security system,so as to find the right approach for the Judge Selection System in China.