| With the continuous development of the economy and the advancement of the legalization,the citizen’s democratic consciousness and concept of legal have been strengthened,more and more people are settling disputes through lawsuit,which has led to a trend of increasing the numbers of court filings each year.To reduce the workload of the post judges,to manage the classification of the court personnel,the judge assistant system in our country is implemented in the trial courts.Since the judge assistant system was launched,after years of exploration,it has began to take shape.In order to solve the problems appearing in the process of the court nowadays,the establishment of judge assistant system is of great significance.In addition to the introduction and conclusion,this article is divided into four parts:The first part mainly introduces the development of judge assistant system in our country.Through reviewing the reform process in recent years,based on the background of court personnel classification management and the judicial personnel system,from the first formal proposal of the judge assistant system in our country to the process of the pilot work carried out successively by the courts in all regions of the country,the practical significance of the judge assistant system is analyzed while affirming the achievements of judicial reform.As the related system of judicial personnel,judge assistant system plays an important role in the development of professionalization of judges.On the one hand,the judge assistant relieves the judge’s burden and improves the efficiency of the trial.On the other hand,it also plays a role of isolating the judge and the litigant,and maintaining the justice of the judiciary.Judge assistant system makes the operation mode of the whole trial team more reasonable and helps to realize the classification management of court personnel.The second part mainly explores the existing problems in the current judge assistant system in different regions of our country.First of all,because of unclear positions and duties of judge assistants,it makes the vague boundary between judge,judge assistant and clerk.Secondly,On analyzing the supporting mechanism of the judge assistant system of in our country,the disposition of judge assistant is unscientific in the case of limited judicial resources,the confusion between the two sources of conversion assistants and newly-hired assistants in some courts and the imperfections of the judges ’ assistants in assessing the promotion mechanism.The third part is mainly to study the court system and system of the countries outside the two major legal systems.By introducing the system of judge assistant in different court systems in the United States and Germany,this paper compares the differences and characteristics between China and these two countries.On the one hand,it is necessary to strengthen the management of judge assistants,On the other hand,to divide the responsibilities of judicial affairs reasonably.In the forth part,based on the national conditions of our country and the actual situation of the courts,the paper puts forward the perfection suggestion to our country judge assistant system.First of all,it should to define the position of a judge assistant reasonably and clearly and to distinguish the responsibilities of judges,judge assistants and clerks.In the Second,it is necessary to improve the supporting mechanism of judge assistants.It includes the following details:Firstly,to establish a scientific model of the allocation of judges assistant system.Secondly,to make clear the source and the selection condition of the judge assistant.Thirdly,to standardize the judge assistant’s assessment and promotion mechanism.From the above-mentioned aspects of the analysis,in order to look forward to a better construction of judge assistant system,to set up a specialized and professional trial team. |
