The Problems And Countermeasures Of Judge's Assistant In The Process Of Judicial Reform

The construction of the rule of law in China must deepen the reform of judicial responsibility system.From the start to date,judicial reform has been more than three years in full swing.The judicial responsibility system as the core of the reform from top to bottom the degree of attention,the degree of social concern unprecedented.More than three years,the courts throughout the country to complete the selection of judges,team formation,the supporting system has been introduced,so that "let the judge referee,so that the referee responsible" thinking enjoys popular support.The current people's court,the trial team "contract case",the new trial power operation mechanism began normal operation.In the ointment is that the judge assistant as an important part of the reform system design,its model management is still more chaotic.Specifically,the assistant judge is mainly selected from the ranks of the judges or selected from other positions eligible for the election,or external recruitment,at the same time,due to the current form of the judge's assistant system,role,job responsibilities,entry standards,Exit conditions are imperfect,so that the internal court from the management level to the assistant level of the judge to respond to the lack of emergency preparedness;coupled with various types of staff gathered in the post of judges after the existence of their working methods model inertia continuation,the team run-in and so on Problems,resulting in the trial team in the positions of the powers and responsibilities are unclear,cross-chaos,legal literacy and judicial capacity uneven.On the other hand,in the early years of judicial reform,institutional design and related research mainly aimed at judges,collegial panel,judicial committee reform,professional judges meeting and so on,rarely mention the judge assistant,so that the judge assistant in the team to play is not smooth,Also more embarrassing.At present,the importance of the assistant of the judges is not to be overlooked in the ranks of the fact that there are too many judges in the majority of the courts.This article mainly from the concept of the background of the judge to start,list the contents of different court pilot,taking the judge of the judge in history as the mirror,the foreign assistant judge system for the mountain of the mountain,to analyze our judge assistant The status of judicature in the judicial reform and the existing system of judges on the inadequacies of the provisions and solutions to the relevant issues of ideas,to explore the boundaries of the power of the judge's assistant,through the development of management methods to improve the proceedings to improve the referee style,To promote the university to carry out targeted training of legal practice talent and other aspects of the proposed solutions to explore China's judge assistant in the judicial responsibility system reform in the further ideas.Only by constantly clarifying the problems of the assistant judges and constantly solving the problems can we gradually establish a set of comprehensive assistant system of judges in the judicial reform process,so that the classification of the court personnel management more smoothly and lasting,so that judges from a large number of business work Freed,so that the judge no longer swept the whole process of trial,not before the trial contact with the specific materials of the case,to ensure the fairness and efficiency of the case,for the full rule of law to lay a good legal basis.