Study On The Implementation Of The Quota System For Legal Officers In Local People's Courts

The judge is the adjudicator of the case.Their legal literacy,trial experience,and professional ethics are all related to the immediate interests of the parties concerned.They also directly reflect the level of the rule of law in a country.For a long time,China's judicial system has been seriously administrated,the professional level of local court judges at all levels is uneven,the specific duties of judges are vague,and the professionalization and elitism of our judges are difficult to achieve.The society has doubts about the credibility of judges and courts.In order to get out of this predicament,the Central Government has decided to implement judicial reforms with great vision,and the promotion of the number of legal officials is an important part of it.The purpose of this reform of the number of law officials is to make the judges elite and professional.It is for the adjudicators and referees to be responsible and to concentrate excellent legal resources on the trial front.In addition,by strengthening the judges 'safeguards system,revising the corresponding laws and regulations,enhancing the staffing of judges' auxiliary personnel,focusing on trials,allowing them to have no worries and concentrate on improving the quality of trial activities.Therefore,it is of great significance for the whole judicial reform and the legal process in our country to carry out the reform of the law official post system.In addition to the introduction and conclusion,this article is divided into five parts.First,the theoretical analysis of the number of legal officials.Explains the definition of the legal official position system;The article expounds the contents of the reform of the legal official post system.The reform of the legal official post system includes the system of judges 'admission,the election system,the diversion system of non-quota personnel,the safeguards system,and the disciplinary system.This paper discusses the significance of the reform of the post system of law officials,so as to make the judges elite and professional,maintain the independence of the trial,and improve the quality of the trial.Second,the analysis of the current situation of the reform of the legal official post system.Firstly,the paper discusses the status quo of the overall implementation of the law official post system from the pilot to the full implementation of the central decision.Secondly,the paper analyzes the implementation status of Shanghai,Guangdong and Hainan respectively,and its practices and experiences.Finally,the paper analyzes the implementation status and achievement of the National legal officer post system.Thirdly,the analysis of the problems in the implementation of the reform of the legal official post system.This paper points out the problems that arise in the course of implementation: the conflict with the laws in force in our country,the problem of determining posts,the problem of selection mechanism and the problem of guarantee mechanism,and analyzes the reasons for these problems.Fourth,the implementation and reference value of the extraterritorial law official quota system.First of all,this paper analyzes and studies the implementation process and measures of the post system in countries with more mature extraterritorial legal system,and specifically studies the post system in the United Kingdom,the United States,and Japan.Secondly,the experience of these countries in the implementation process is put forward,so as to provide useful reference for the implementation of the legal official post system in China.Fifth,the concept of improving the number of legal officers in local people's courts should be improved.To improve the number of legal officers in local people's courts,efforts can be made in several areas: formulating laws and regulations corresponding to the reform of the post system,reasonably determining the number of legal officers,and improving the system for selecting judges.We will improve the professional security system for judges and establish a disciplinary system for judges.The reform of the legal official post system is an important part of the judicial reform.From the top level design of the reform to the full implementation of the system,the implementation of the legal official post system is a process of exploration and improvement.Therefore,in the context of trial-centered rule of law,we need to make comprehensive efforts through legislation,supporting systems,and organizations,absorb successful experience from the pilot and extraterritorial areas,and fully and thoroughly implement the reform of the post system throughout the country.Many difficulties need to be overcome.