Judge Selection System Under The Background Of Judicial Reform

The 18 th National Congress of the Communist Party of China clearly put forward the need to comprehensively promote ruling the country by law,to achieve the goal of building a socialist legal state,thus high-quality judge teams are required to achieve this goal.The judge is the protagonist who will adjust social life relationship with laws from the theoretical level into the reality level.It is an important segment of construction of the judicial system to promote the reform and perfection of the judge selection system.Therefore,to establish a scientific,reasonable and normative judge selection system can radically reform the credibility of justice.In this paper,analysis combined with reforms for judges ongoing various regions through ancient and modern,domestic and abroad,two aspects,so as to improve our country's judge selection system,and make it more in line with the needs of China's national conditions.The first part shows the connotation of judge selection system based on the concept of judge selection system,combined with the background of current China's judicial reform,which including the selection of junior judges,step by step selection from subordinate to superior court judge and judge "selection in the selected personnel" transited from reform of " system of specified number of personnel".The second part mainly introduces the historical evolution of the judge selection system in China and the selection model of the Anglo-American legal system and civil law system.First of all,by exploring the history of the judge selection system,it is not difficult to find that the judge selection in ancient imperial examination,which is the same with the selection of current civil service examination.Secondly,through the comparative study on the selection system of the typical countries in Anglo-American legal system and civil law system,analyzing similarities and differences between the judge selection of two law systems,to provide references for the reform of judge selection system.The third part mainly analyzes the problems existing in the system of judge selection in China and the convergence conditions with the relevant systems.In the qualification of judges,there are some problems,such as the low starting point of academic requirements,the incomplete investigation of judicial examination,the unclear legal work experience,etc;In the job training of judges,there is a problem of diastasis between pre job training and the judge selection system;In the way of judge selection,there are some problems as well,such as the appointment and removal of judges are not unified,the selection of the way in administrative,the selection in a single channel,etc.The fourth part mainly introduces pilot studies of China's system of specified number of personnel,its reform includes improving the transition stage of the judge selection system,determining the proportion of specified number of personnel,setting conditions for being judges,setting the judge selection committee,and smoothing channels for judge selection,which is an important measure of personnel system reform.Summarize the deficiencies of the personnel system and improve the judge selection system by the analysis of the pilot studies of personnel system of judge selection.The fifth part tries to put forward some suggestions on how to perfect the judge selection system on the basis of the above analysis.Firstly we must solve the problems in the process of promoting the personnel system,reasonably determine the proportion of personnel,build a fair amount of personnel system,and scientifically set the assessment criteria of personnel;Secondly,we should strictly enforce the access conditions of the junior judge and distinguish the qualifications for judges in different levels;Furthermore,improve the judge's job training and optimize the settings of judge selection committee;Finally,clear and broaden the channels for the judge selection and improve the judge selection process and methods.