The Analysis Of Issue Of Judicial Assistants’ System

The reform of the judicial assistants’ System can be traced back to “the introduction of the People’s Court Five-Year Reform Plan” in 1999.In the following series of reform measures,the supreme law intended to separate judicial assistants such as clerk and judge assistant from judges and set up its separate management sequence.In this round of judicial reforms,the creation of the post of “Judge Assistant” was undoubtedly one of the highlights,but this round of reforms was eventually stagnated for various reasons.In this round of judicial reforms,the reform of the judicial assistants’ System is an important part of it,and its success or not will have a great influence on the reform of the classification management system of the people’s courts staff.The “Opinions on the Reform of the Classification Management System of the People’s Courts Staff” require the court to classify judges,support staff and administrative personnel in specific categories,categorize and manage different categories of personnel,and propose a number of strategy of reforms to the judicial assistants’ System in subsequent series of documents.However,today when reforms enter deepwater areas,problems in their reform programs are gradually exposed.The author believes that to discuss the judicial assistants’ System,it is necessary to focus on the internal operating mode and the actual situation of the court,and fully consider the actual circumstance of China.Although the judicial assistants’ System of other countries and regions can be used for reference,it cannot be used blindly when comparing and referring to China’s judicial assistants’ System.Unlike other countries and regions,the major feature of China’s judicial assistants’ System is that the judicial assistants’ System is closely linked to the “apprenticeship” model of judge training,which is not only the result of the “weak” judicial assistants’ System in China,but also one of the important points of attention in the classification reform of court personnel in this round of judicial reform.Therefore,the model of judges training in other countries and regions should also be taken into account in comparison.Through the deconstruction of the “weak” judicial assistants’ System and the comparison of related systems in other countries and regions,the author summarizes and analyzes the measures and the causes of the difficulties in the reform of the judicial assistants’ System in this round,and puts forward own construction of the “strong” judicial assistants’ System in China.This article first summarizes the existing "weak" judicial assistants’ System and its causes before this round of judicial reforms in China,and the conditions and reasons for the ineffectiveness of the judicial assistants’ System reform in the first round of judicial reform.The second part focused on introducing and analyzing judicial assistants’ Systems in other countries and regions,and tried to extract some factors that may be worthy of our country’s judicial assistants’ System reforms.The third part introduced three strategy of the judicial assistants’ Systems involved in this round of judicial reforms:the new attempt of the judge assistant system,the conversion of the clerk’s identity,and the attempt to disintegrate the “apprenticeship” model.Then the author analyzes the internal reasons why the current judicial assistants’ System reform is in trouble.In the fourth part of the article,the author puts forward own proposals for the construction of China’s “strong” judicial assistants’ System according to the current situation of China’s judicial reform,it:remove the “future judge” from the rest of the judicial assistance personnel to conduct dual-track management,improving the recruitment and management of judicial assistance personnel,establishing a case handling team with a core of judges to increase trial efficiency.