Study On The Reforms Of Judge Post System In China

Nowadays,the new round of judicial reforms have become a significant breakthrough of the modernization of China’s governance capacity and the construction of the socialist rule of law.Judges are playing a main role in judicial activities.They are the key driving force to approach judicial justice.As an important constituent of the recent judicial reforms,the implications of judge post system include the percentage of judges among the court’s stuff,qualification and election of judges,staffing of judicial assistants,judge assessment and occupational security.The implementation of the judge post system corresponds the principles of judicial operation and the ideas of optimizing the allocation of judicial resources.It will also helps to promote judicial justice and refinement.At the same time,it will do good to achieve the goal of the independence of judgement.The reforms of the judge post system have been carried out in China for nearly four years.Each reform has been basically completed,and reforms in many areas have achieved success.The upper limit of the proportion of judges has assured,qualifications and procedures to elect a judge has clarified,judge performance evaluation system has been built.What’s more,the system of professional security of judges has been completed,and the amount of judicial assistants has enhanced.However,due to lacking of legislation,it is certain that there would be many problems arising.For instance,firstly,the qualifications and procedures of election differs from different areas.Secondly,the relationship between the right of trial and management can not be balanced while some of the courts’ leadership taking the post of judge.Thirdly,there still be imperfections of the judge assistant system,such as the role of it is not exact,even the responsibilities and power of judge assistant is not clear.Fourthly,the ways to divide the courts’ stuff during reforming period is not enough.Therefore,using the method of comparative law,this thesis studied the judge systems of the America,the United Kingdom,Germany and Japan.Then we conclude some beneficial experience.On the one hand,it is necessary to determine the exact post of judges according to a country’s conditions.Strict qualifications and unified processes in election is to the same importance.On the other hand,we should pay more attention to the building of high-quality trial team and the professional security of judges.Based on the Chinese problems and experience learned from other countries,we attempt to propose several suggestions to improve the post judge system in China.The first suggestion is to put legislation on a crucial position,fasten the legislation process.The second is to make the set of the post more scientifically.The third is to make the qualifications and procedures to elect a judge unified.The forth is to perfect the professional security of judges.The fifth is to strengthen judge assistant system.The last is to vary the ways to divide the stuff who were judges before but now can not get a post,and to enhance security methods of them.