Discussions About The Setting-up And Perfection Of The System Of Judge Assistant In China

The construction of the system of judge assistant is an important part of the fifth round of judicial reform,and it is also an important part of the reform of the legal officer system.The reform the system of judge assistant has undergone different historical stages of preliminary exploration,construction trials,and reform and promotion.The reform the system of judge assistant deepened the process of judicial reform,improved judicial efficiency,optimized the classification management of court personnel,and contributed to the establishment of a fair and efficient authority judicial system.The reform of the system of judge assistant is a very positive institutional reform,but it also has a series of new problems.Due to the lack of a complete system norm,the system of judge assistant has encountered obstacles in the actual operation process,which has caused many problems.First of all,the boundaries of the assistants'duties are vague,and the boundaries of the judges'assistants and judges and clerk still need to be further clarified.Secondly,the irrational allocation mechanism affects the quality of court trials.Thirdly,the promotion and guarantee mechanisms are not perfect,and career development The prospects are unclear,and it also affects the standard operation of the judge's assistant assessment mechanism.Fourthly,the definition of the relevant legislation of the judge's assistant system is unclear and lacks an operational mechanism.Fifthly,the identification of the assistant's assistant is lacking in science,and whether or not the trial has the right to judge is debatable.The construction of the assistant system of judges requires dialectical reference to the experience of extraterritorial institutions,excavating and carrying forward the excellent resources of traditional Chinese judiciary,organically unifying top-level design and local practice,and cracking the internal problems and external obstacles of the judiciary.At present,the system of judge assistant has entered the stage of deepening and perfecting,solving the practical problems of the system of judge assistant,making the construction and perfection of the system of judge assistant motivate the enthusiasm and initiative of the assistants of judges,and exerting the positive energy of the system of judge assistant on the reform of the post system,avoiding "The emergence of the drawbacks of not being in power in its position is the basic direction of the reform of the system of judge assistant".The reform the system of judge assistant should adhere to the principle of comprehensive leadership of the ruling party,focus on perfecting the legal norm system for judges,set up a smooth transition mechanism for assistant judges,clarify the scope of the assistants of judges,reasonably formulate the mode and proportion of assistants in the configuration of judges,and construct a standardized assistant for judges.The selection mechanism will improve and optimize the hierarchical management mechanism for judges' assistants,ensure that the judges'assistant system is fully implemented at all stages of reform,and promote the development of judicial reform.The reform of the system of judge assistant needs to go through the test of time from construction to perfection.It is even more necessary for the reformers to adhere to the principles and concepts of macro guidance to promote the further development of the specific institutional practice of judicial reform.Perfecting the system of judges'assistants not only concerns the success or failure of the system of legal officials,but also has important practical significance for promoting the rule of law in China,establishing a scientific and rational judicial system,and constructing an authoritative modern judicial system.