The Research On The System Of Judge Assistant In China

Judge's Assistant is the auxiliary judge of auxiliary affairs,and the assistant system of Judge is first introduced by western countries in the second half of the 19th century.The Supreme Court of China started trialing the system in various places in the last century,and the same;it causes a lot of conflicts.The purpose of the re-examination of the system of judges' adjuncts is to promote the reform of the post system in the context of the latest judicial environment and liberating judges from cumbersome cases.So as to concentrate on the trial of the case,improve the quality of the trial.And this conflicts including the judicial authority of judge's assistant.In this article,the author combines the work of judges assistant and the characteristics of judicial justice,the author regards the judge assistant should not have the right to judge.The reasons of the practice of assistant judges are the increase of the professional pressure of judges,the reform of the system of judge's staffing and the selection of judges and the reform of registration system.What's more,the implementation of the judge assistant can leads to many advantages,such as the achievement of the elite judges teams,the perfection of trial system,the integrity of justice and judicial justice.The Supreme People's Court started trial operation of the Judicial Assistant System from the courts of various localities at the end of the 1990s.However,due to the differences in population and economic development,the trial modes adopted in different places were different.The modes mainly includes 14N mode,111 mode,1411 mode and so on,every mode have their own advantages and disadvantages.The paper takes the work of Jiangsu Province as example to classify the system of judicial assistant.Through research on the trail work of Yixing City and Huai'an City,it can be easily found that Yixing adopts the mode of 111 and the Huai'an adopts the compound mode.The mode of 111 makes great success in Yixing,however,it brings two problems:the immature of business experience and operational capacity and the confused position of the judges,assistant judges and clerk.In Huai'an,it adopts the mode of 111,the mode of 1411 and the mode of the merge of the judge assistant and clerk.In a word,every mode has two coins,so we should take consideration of the mode's choice.From the initial trial in 18 provinces and cities to the courts across the country at all levels of the promotion,the pilot work get a lot of success,at the same time,it leads to many problems.Through analysis,it can be easily known that it is useful for perfecting the management of the personnel,easing the judicial reform under the pressure of the reform of the courts,and enhancing the efficiency of the trial.At the same time,we must take notice of its disadvantages,such as the unclear of judge's assistant position,the confusion of scope of duties,the imperfection of examination mechanism,the unscientific of configuration and so on.Based on the empirical study and the problems in the current pilot process,this paper intends to elaborate the position of judge's assistant from five aspects.Firstly,the reprehensibility of judges,judge's assistant and the clerk should be distinguished clearly.Secondly,the duty of the assistant of the judge should be divided into three stages:the pre-trial and the trial stage and the post-court service stage.Thirdly,it should perfect the examination of the judge assistant,including the method,the content and the assessment.Fourth,it should follow the principle of flexible configuration and make sure the employment of the professional judge assistant.At last,the transfer of the court's internal personnel should be analysised specifically,at the same,the law education system should be in accordance with the reform of the judge.In a word,if these five aspects can be executed well,the reform of the judges'assistant would make great success in the future.