The Construction Of Judge Professionalism Under The Background Of Judicial Reform

Judges exercise judicial power on behalf of the state,which is at the core of the whole judicial activities and plays a key role in the operation of the law.Therefore,the construction of judges is particularly important.We need to build a high-quality and professional team of judges,and the proposition of "judge professionalization" comes into being at the historic moment.With the new round of judicial reform in full swing,the professional construction of judges has become an important part of the judicial system reform,which is of great research significance.Only by completing the professional construction of judges can we achieve fairness and justice,improve litigation efficiency,establish judicial authority,provide human resources for the operation of judicial reform and promote the construction of a country ruled by law.Under the background of judicial reform in China,from top to bottom,from system design to trial court,measures have been taken to build up the ranks of judges from various perspectives.Starting from the current situation of our country,this paper explores the problems and directions of the professional construction of judges in our country under the background of the current judicial reform.The full text is divided into five parts.The first part is a theoretical analysis of the professionalization of judges.Firstly,through the analysis of different views on “what is the professionalization of judges” in the legal circles and judicial practice circles,this paper defines the concept of the professionalization of judges and clarifies its connotation.Then,on the basis of the definition of the concept,it focuses on the analysis of the characteristics of the professionalization of officials.Finally,the background of the current judge professionalization construction-judicial reform is introduced,and the inseparable relationship between the judge professionalization and judicial reform is analyzed.The second part is an empirical analysis of the professionalization of judges in China.Firstly,it summarizes the important measures on the professional construction of judges in the new round of judicial reform.Then,it analyses the current situation of the judges in our country,finds the problems that need to be solved,and finds out the problems of the system construction exposed under the realistic problems,such as: the imperfect system of selecting judges,the low requirement of appointing judges and the imperfect mechanism of selecting judges;the inadequate construction of judges' professional ethics,and the relevant legislation,mechanism and moral education of professional ethics.It needs to be improved;the professional security of judges is insufficient;the power,status,economy and security of judges are insufficient;the punishment system of judges is not perfect;there are problems in the institutions,causes,procedures and measures of judges' punishment.The third part is a comparative study of the relevant systems of foreign judges' professionalization construction.Since the above has raised the problems of professionalization of judges in China,in order to solve the specific system problems,the author selects four countries in the United States,Britain,Germany and France as the representatives of the common law system and the continental law system in the professionalization of judges.The fourth part is the suggestions for the improvement of the professional system of judges.Firstly,in terms of the system of selecting judges,we should improve the qualifications of selecting judges from the aspects of age,educational background and practical experience,and perfect the mechanism of selecting judges from the aspects of selecting institutions and examination mechanism.Secondly,in terms of the professional ethics of judges,we should improve the legislation of professional ethics,strengthen pre-service and post-service professional ethics education,and build relevant system.In addition,in terms of professional security of judges,we should ensure the exercise of judges' judicial power,enhance the protection of judges' professional identity,construct reasonable economic security of judges,and improve the security of judges.Finally,in terms of the system of punishment for judges,we should formulate a special Law on Judges' Punishment,improve the subject of punishment for judges,stipulate reasonable reasons for punishment,perfect the procedure of punishment and perfect the measures of punishment.