The Research On The Chinese Law Clerk System

A law clerk is an assistant personnel for judicial work.Seting up the law clerk for judges has been acknowledged by countries ruled by law.The advantage of this system is that the judge can be freed from the routine judicial affairs,so that they can focus on the judicial work in order to promote the balance between judicial justice and judicial efficiency.The China's law clerks system was mentioned in 1999 when the Supreme People's Court formulated an outline of the five-year reform of people's courts.A new round of judicial reform is under way.We should realize that the implementation of law clerk system is an important measure to realize the classification management and promote reform of the judicial system.But at the same time,we should also realize that there are still many problems in the law clerk system.This paper tries to explore the improvement measures of the law clerk system and make it more relevant to China's current situation.The modern law clerk system originated from the United States.Chinese law clerk system has gone through three stages.The first two stages are the pilot phase of reform.With the unremitted efforts of the Supreme People's Court,the law clerk system has been adopted in the court at all levels across the country one after another pilot.However,the pilot of the first two stages encountered many problems.First of all,there is no legal basis.China's Judge Law?Court Organization Law and Procedure Law formulated explicit law in view of this question.Secondly,due to the lack of substantive legal system,local trials are difficult to push the system further.At present,the law clerk system is in the third stage of reform.It is of great significance to improve and perfect the law clerk system when judicial reform is at a crucial stage.So we should use the successful experience of other countries for reference and carry on the law clerk system reform positively by consummating the legal system framework,defining the legal position and responsibility of the judge assistant scope,building diverse selection mechanism,developing scientific and reasonable configuration model and optimizing the guarantee and supporting system.