Research On The Problem Of The Evasion System Of Judicial Personnel In Shanghai

Since 2014,Shanghai as a judicial reform pilot,first to start the judicial reform.In2015,with the full implementation of the judicial reform in Shanghai,Shanghai launched the so-called "the most serious avoidance order" that is,the Shanghai judicial officers to avoid the "Shanghai judge,the prosecutor strict management of the six provisions",its content requires the judge,The prosecutor spouse in the city engaged in lawyers Judicial auditing,judicial auction of professional,all levels of courts,Procuratorate leadership team members spouse,children in the city engaged in the aforementioned occupation,should be a party to withdraw.The system is different from the ordinary civil service to avoid the system,but also different from the existing judicial evasion system.This provision has been launched,it has been widely concerned about the community,legal theory and judicial practice are constantly sound,the evaluation of the provisions."The most serious avoidance order," the original intention of the introduction of the original,but also naturally have its necessity,the judicial staff and lawyers of the conflict of interest,the corruption of judicial personnel,the lack of judicial credibility and the existing judicial evasion system defects,call it The introduction.But at the same time it suffered some doubts,there was a dispute in jurisprudence,and there was a problem in practice.In jurisprudence,it is considered a lack of legitimacy and reasonableness.In the first place,it did not comply with the principle of legal rank,and there was a conflict with the relevant provisions of the Basic Law,such as the Judges Act and the Prosecutor's Law.Secondly,it promised to protect the value of the civil service option,Personnel and their families,and indirectly violated the principle of "labor law";again,it led to the divorce of judicial officers and their spouses,the indirect violation of the right to freedom of citizenship;Finally,to avoid the scope of the object It is also to be refined,from the professional scope,there is no grass-roots legal service workers included in the case,from the case of avoidance,only ask the spouse,children to avoid,not the parents,fellow brothers and sisters,daughter-in-law,such as the relationship Included in it.In practice,it is also faced with a series of social problems such as the loss of judicial human resources,the generation of unemployment and the generation of false divorce and the phenomenon of anonymous proxy.In this paper,through the study of the system,in response to the above controversy and problems,one by one to respond and evaluation,obtained the Shanghai judicial personnel to avoid the system should be implemented to avoid the conclusion.It is conducive to the implementation of the judicial system to promote the process of reform,is conducive to improving the credibility of the judiciary,is conducive to the protection of justice,to prevent judicial corruption.Nevertheless,after the introduction of the controversy and the implementation of the problem still can not be ignored,through the establishment of the law to establish the system,through the refinement of the situation to improve the system,through the establishment of long-term tracking mechanism to implement the system.At the same time,we should improve the judicial supervision mechanism,improve the status and treatment of judicial personnel and strengthen the moral construction of judicial personnel and other related measures,with the judicial staff to avoid the implementation of the system to achieve the ultimate goal of justice.