On The Perfection Of Judge Assistant System In China

Although the judge assistant system has been practiced in the United States for more than 100 years,in our country,it is only 20 years from its emergence to now,and it is still in the immature stage,so we need to take a long way to explore the system with Chinese characteristics.Based on the historical development of the judge assistant system in China and the United States,this paper deconstructs the judge assistant system in the two countries and starts with the particularity of the system,and then demonstrates what we can learn from the practical experience of the United States.In detail,the full text of the four parts are as follow:The first part introduces the emergence and development of the judge assistant system in terms of practice and theory in China from the perspective of historical development,and summarizes the present situation of the system.From its emergence,the judge assistant system in our country is carried out by the Supreme People's Court.In 1999,the Supreme People's Court put forward the concept of the judge assistant for the first time,and began the work of pilot courts in the "People's Court Five-year Reform Outline".In 2004,the Supreme People's Court initially stipulated the duties and conditions of the judge assistants and established 18 pilot courts in the “Opinions on Conducting Judges' Assistants in Partial Local People's Courts”.In 2005,the Supreme People's Court passed the "Second Five-Year Reform Plan of the People's Court" to continue the trial of the judge assistants in the courts throughout the country and put forward the classification management methods for judges,judge assistants,clerks and other personnel within the court.In 2007,the Supreme People 's Court implemented the pilot in the western people' s court at the grass-roots level.In 2009,the Supreme People's Court emphasized the system of improving the classification management of judges and their supporting personnel in the “Outline of the Third Five-Year Reform of the People's Court”.In 2015,the Supreme People's Court reemphasized the promotion of the reform of the classification system of the personnel of the court in the "Opinions on Deepening the Reform of People's Courts".In 2016,the Central Deepening Reform Leading Group adopted the “Opinions on the Recruitment of the Judges of the People's Courts and the Attorney-General of the People's Procuratorate”,which determined the conditions and sources of the judge assistants.In June 2016,the Communist Party of China Central Committee of Organization Department,the Communist Party of China Committee of Policy and Legislature,the Supreme People?s Court and the Supreme People?s Procuratorate jointly issued the “Judge Assistants,Prosecutor Assistants and Clerical Job Sequence Reform Pilot Program” to determine the judge assistants are managed by the integrated management civil servants and set separate job levels.The second part will analyze selectively realistic plight in different aspects.Because the construction of a system is inseparable from the supporting legal theory,so scholars in our country have studied the system in various respects.During the period of pilot practice,some scholars have analyzed and compared the other countries? relatively mature judge assistant system,and then absorbed some useful experience according to the different judiciary system,court system,judge system and other characteristics in China.Some scholars have summed up the practical experience in our country and they analyze the difficulties in the construction of the judge assistant system in China,which will be vital to promote the work of the pilot courts.The construction of the judge assistant system in our country should be supported by practice and theory,so it is very necessary to deeply study and research the construction and perfection of the system.The third part will focus on the formation and evolution of the clerkship institution of federal judges in the United States and the comparative study between China and the United States.The United States Federal Court Clerkship Institution began in 1882,and then with the development of society,the number of the federal courts? cases was rising,and the institution was formed and gradually developed.With the increase of the workload of federal judges,the number of law clerks is also growing.On the one hand,the federal law clerks relieved the judges? work pressure to some degree.These law clerks come from law schools of well-known universities in the United States,who have outstanding achievements and outstanding ability to provide judges with the forefront of research and development.On the other hand,from the perspective of historical development,their duties are constantly expanding,from the beginning of the administrative functions,to the beginning of touching the trial work of judges,and then to the drafting opinions for judges.This phenomenon sparked a heated debate in the field of academics,and the prevailing view was that the law clerks do have an impact on judges,but the effect was moderate and that the danger was controllable.The disputes for the clerkship institution and judge assistant system have common and different areas in China and the U.S.,so we should focus on comparative analysis.Since China and the United States belong to different legal system,so we cannot simply,without screening,learn from the United States relatively perfect judge assistant system,because it may cause accusations of acclimatized.In this paper,we use the method of comparative and emphasized analysis to compare the system of China and the United States in a selective manner,that is,to remove the social and legal characteristics part,to decompose some practical experience,and then apply useful parts in the practice of system in our country.For example,the United States federal court hires law school graduates as short-term law clerks,so we can enlarge the source of the judge assistants to solve the problem of insufficient number of judge assistants.The fourth part will put forward some suggestions on how to improve the judge assistant system according to the present situation in China and the practice of law clerks of the United States,and discusses its rationality and necessity.The suggestions include expanding the scope of the source of the judge assistants,the duty of judge assistants should be diverse and different,and perfecting the unique and supporting system of recruitment,evaluation and promotion.