A Study On The Judge Posts System

At present,China is in a critical period of social transformation,various social conflicts of interest intensified,all kinds of social contradictions become more prominent.Reflected in the field of justice,the old judicial system,especially the judge system is outdated and rigid,not enough to adapt to the new situation under the growing judicial needs of.If we do not reform the old system of judges fundamentally,the judicial work will fall into a passive situation and impasse,further affect the realization of fairness and justice.The Fourth Plenary Session of the Eighth Central Committee of the Communist Party of China put forward a major strategic plan for promoting the rule of law and the administration of judicial reform comprehensively.The initiation of the judge staff reform,as a basic project of judicial reform,is significant to the success of the following reform.This paper states that the study of judges’ post system,ecspially focus on the study of the judges’ post system reform in our country.The purpose of the study is to enrich the theory and guide practice,which means that it can improve the theory of judicial system,and improve the judicial system of our country.At the same time,From the practical level of action and help to reform.The paper then abstracts the basic theory of the system of judges’ posts,summarizes the concept,characteristics,functions and values of the judges’ post system,and then uses comparative analysis to study foreign judges system,including judges’ post system of Anglo-American law and civil law system,summed up their characteristics.This paper summarizes the reasons for the reform of the post of judges in our country from three aspects:the lack of professionalism,the lack of specialization,respectively the richness of the administrative judges.It profoundly expounds the great significance of the reform and points out the necessity and urgency of implementing the reform of the judges’ post.This paper also introduces the general situation of the reform of the post of judges in China and the respective situations of the three pilot provinces in Shanghai,Guangdong and Hainan,and concretely sums up the "The proportion of posts does not exceed 39%" and "through the’assessment + examination’ way to select the amount of judges" the experience of practice,also pointed out that in the process of reform,"the proportion of single and opaque","the standard and the choice of staff is not clear".Finally,the paper concluded its suggestions and recommendations for the promotion of judges’scale system,including the "comprehensive consideration of the standard of posts","the scientific measure of the proportion of posts",the"dynamic adjustment of the post posts",and the improvement of the post System by means of"Judge Selection System","Judge Assistant System","Judge Occupational Security System","Judge Supervision and Exit System".