Research On The Selection Mechanism Of Judges Under The Background Of Post System Reform

At present,the main goals of Chinese judicial reform are to achieve professionalization and specialization in the judicial regime,to improve judicial efficiency.The reformation of judicial system for specified number of personnel is the basis of achieving these goals.Improving the system of selection of judges is one of the core contents in the reformation of judicial system for specified number of personnel.Under the guidance of the central authority,combined with regional reality,the experimental units of judicial reform establish the corresponding selection process of the judge.By studying the selection process of the judge in different areas and by the comparison between different legal systems,analyzing the existing problems to improve the selection process of the judge.The selection process of the judge is a systematic project with related supporting system.This article is divided into five parts.The first part is an introduction.It mainly illuminates the background and significance of the selected topic,the current research status,research methods and the idea of writing.The second part is practice investigation on selection mechanism of the judge in China.Under the background of reformation,by illustrating experimental schemes from different areas,point out that ensured the effectiveness of selection mechanism is to affirm the diversity of scheme and to perform strictly.On the basis of the second part,from the practice and combined with the current situation of judicial reformation,the third part summarizes the existing problems in current selection process of the judge.These problems reflect in the conceptual level and the institutional level.On the one hand,administrative tendency runs through the concept.On the other hand,the institutional level includes the unreasonable factor and the defective procedure in the selection system of judge.The fourth part makes a comparison between continental law and Anglo-American law in the selection system of judge.Continental law which focuses on training,but Anglo-American law which emphasizes on experience and the scope about choosing and appointing.The common character of the selection system of judge in these two law systems are reflected in stringency of office qualification and selection procedure,judge's selection playing an important role,the divergence of selection procedure in different level,the appointed subject is high-level.Aimed at the problems of above,the fifth part is to put forward the improvement measures for the selection system of the judge.This part discusses the improvement measures in four aspects.Firstly,from the ideological aspect,removing the tendency of administerization,insisting on taking the judgment of court as the center.Secondly,from the aspect of the factor of the selection system of the judge,it is important to establish evaluation system in estimating the qualified judge,and to determine the factor of acquiring the qualification about judicial system for specified number of personnel.Thirdly,regulate the selection process of judge,define the function of the judge selection committee,design the selection system of judge,regulate the step by step selection procedure of judge,broad the channel of the selection system of judge.Finally,put forward the related improvement measures,which include establishing the system about diversion of judge,defining the responsibility about judge and ancillary judicial personnel,regulate the system of training and assessment for judge,strengthen the separation of judicial affairs and administrative affairs.