The Research On Judge Assistant System

The judge assistants should be selected by certain institutions,and their main responsibilities include:assisting the judge to conduct the investigation and collect evidence,completing pretrial preparation,summarizing the main case contents,identifying the disputable points and many other supplementary work.The judge assistant system is the regulatory regime for judge assistant selection,occupation orientation,division of responsibilities,rewards and benefits.The implementation of the judge assistant system,and conduction of the division between judges and assistants should be viewed as the action that conforms to the trend of judicial reform.The implementation of judge assistant system is conductive to the professional development of judges;The judge hence can extricate themselves from the onerous work to engage in the research on the cutting-edge and newest legal theories.Additionally,the judge assistant system can also promote the specialization of judicial assistants.It is of great significance to promote the assistant system of judges in China,because judge assistant system is the relevant supporting measures for the professional construction of judges,and the implementation of judge assistant system is the prerequisite for the professional construction of judges.It is also an inevitable requirement to make the group of judges meritocratic,because the system of judge assistant is the guarantee of the strict control of the number of judges.Besides,it is also conductive to the realization of judicial justice and efficiency.The paper studies the useful experience from foreign judges assistant system,with the common law system and the continental law system as the representative,the paper selects four countries including the United Kingdom,the United States,Germany and Japan as examples.On the basis of relevant documents,combining with the legal system,cultural background and national conditions,this paper concludes several pieces of experience that are suitable for the situation in China,such as making the judges elite,adhering to the division of administration of judicial affairs and adhering to the professional management of judges assistant.The assistant system of judges in our country has been through more than ten years,several problems and contradictions have been caused,including the sources of assistant judges are too broad,allocation ratio is not reasonable,personnel assessment mechanism is not perfect,and the nature of judge assistant is not uniform etc.Finally,the paper puts forward some ideas to perfect the system of judge assistant in China to further promote the judicial reform,including:strictly regulate the source of assistant judges;scientifically set the proportion of judge assistants;establish a sound and reasonable assessment mechanism;clearly define the responsibilities of assistant judges;determine the due salary for the judge assistants.