The Resereach On The Judge Selection System Of China In The Context Of Reforms In The Judicial System For Special Numbered Of Personnel

The Judicial System for Special Numbered of Personnel is established to administrate judges accroding to the number of judges needed by judicial work,the goal of which is to build a team of knowledgeable professional and elitist judges,molding the professional identity of judges,setting the place of judiciary authority and ensuring the fairness and justness in judging.After fifteen years' exploration and practice,The Judicial System for Special Numbered of Personnel has been promoted on a full scale.On the process of it,not olny a lot of helpful experiences have been accumulated,but difficulities were encountered.The most important task of the judge post system is to determine the number of judges in each court,including the determination of judges' number,the election of the special numbered of judge.In order to promote reforms in the judge post system,every court,after determining the number of judge,carries out the work of electing the special numbered of judge in succession.The Judicial System for Special Numbered of Personnel,a significant part of deepening reforms in the judicial system on a full scale,provides the reform of the judge post system with good chances and conditions.Selecting the special numbered of judge and prosecutors and taking resposibility of the selection,currently,are the main work of the selection committee(or disciplinary committee)of the special numbered of judge and prosecutor in every province,which is proved to be in accordance with the periodicity of current reforms.The selection committee of the special numbered of judge and prosecutor should take charge of selecting judges urgently needed,especially junior judges,after the formal implementation of the Judge Post SystemThis article is divided into three parts,including the preface,the epilogue and the postscript,in which the epilogue includes four parts.The part one is to introduce the general situation of the selection and appointment of judge against the background of reforms in The Judicial System for Special Numbered of Personnel.In this part,the origin and development of The Judicial System for Special Numbered of Personnel and present situation of the selection and appointment of judge will be introdued mainly.The selection institution,the means of selection,the selecting procedure and the assessment content will be introduced detailedly in the introduction of the present situation of judges' selection and appointment.A few problems about the selection and appointment of the special numbered of judge's will also be put forward.The part two is going to introduce the present situation of the legislation in the selection and appointment of judge,at the same time,the existing deficiencies of the legislation in it will be analysed.The present situation of the legislation in the selection and appointment of judge consists of the judges' legal position,service conditions and selection mechanism according to Judges Law.the existing deficiencies of the legislation in the selection and appointment of judge include the unintelligibility of judges' legal position,low and unspecific service conditions and the inconsequent selection mechanism.The part three is about the investigation and enlightment of judge's selection legislation in extraterritorial areas and countries.In this part,I will partly introduce judge's service conditions,selection institution and procedures in the judge's selection system of American,German,Japan and China's Taiwan area.The enlightments obtained are as follows:1.Severe service conditions should be fomulated;2.People from a higher level social subject should be elected as judges;3.Our country's selection mechanism should be improvedThe part four is about advice on how to improve the judge's selection system in our country,including the improvement of related legislation,the perfection of the system of selection committee,the separate establishment of selection committee and disciplinary committee and the formulation of the system of judge in reserve.Then l will analyse the necessity and practicability of the system of judge in reserve.Ways of selecting and training in the system of judge in reserve will be introduced too.Besides,the work to improve the system of selecting judges rank by rank and the selection system of the president of people's court in our country,includes the determination of subjects that will be nominated or assessed.