A Study On The Judge Assistant System

The assistant to the judge is an assistant to assist the judge in the trial business.The allocation of a certain number of judge assistants to judges is a judicial system promoted by many modern rule of law countries in the world.The advantage is that the judge can be freed from the arduous trial-assisted work,so that he can concentrate on the work of trial and judgment,which is conducive to promoting the balance between judicial justice and judicial efficiency.In China,the judge assistant system has been in operation for more than 20 years.Nowadays,the judicial reform of most courts in the country is gradually growing,but it is undeniable that if we want to explore and find a judge who fully conforms to the national conditions with Chinese characteristics.The assistant system still takes a long time.The implementation of the judge assistant system is not only an important measure to realize the classification management of court personnel and promote the professionalization of judges,but also a basic guarantee for the smooth advancement of the judicial system reform.Since the 18 th National Congress of the Communist Party of China,the main framework of China's judicial system reform has been basically determined.The report of the 19 th National Congress of the Communist Party of China further pointed out: "Deepening the comprehensive reform of the judicial responsibility system and fully implementing the judicial responsibility system." Among them,the reform of the trial assistant system is an important part of the judicial system reform,and the quality and effectiveness of its reform are related to the effectiveness of the overall judicial reform.To this end,the "Sixth Five-Year Reform Outline of the People's Court" issued by the Supreme People's Court clearly states that "the classification management of personnel should be promoted to achieve effective management of trial support personnel." On February 27,2019,the Supreme People's Court held a press conference on February 27 to publicly release the "Opinions of the Supreme People's Court on Deepening the Comprehensive Reform of the Judicial System of the People's Court",that is,the Fifth Five-Year of the People's Court.The Outline ofReform(2019-2023).The main contents of the "Five-Five Reform Outline" include65 reform measures in 10 aspects.Through the scientific construction of 10 major systems,such as adhering to the party's leadership system,serving and safeguarding the overall system,and the people-centered litigation service system,promoting fairness.The highly effective and authoritative socialist judicial system with Chinese characteristics is more mature and more stereotyped.This article takes "the study of the assistant system of judges " as the topic.In addition to the introduction and conclusions,this paper is divided into four parts to explain the system of judge assistants in China,and tries to explore the perfect measures of the assistant system of judges in line with China's national conditions.The first part mainly describes the historical evolution of the judge assistant system in China.All along,the reform of the assistant system of judges in China has been carried out under the leadership of the Supreme People's Court: In 1999,the Supreme People's Court first proposed the concept of assistants to judges in the Outline of the Five-Year Reform of the People's Court,and began the pilot of the assistants of judges.jobs.Subsequently,a variety of documents were issued to promote judicial reform.On February 27,2019,the "Five-Five Reform Outline" promulgated by the Supreme People's Court is a programmatic document guiding the reform planning and implementation of the people's courts in the next five years.It is also an important basis and key for the people's courts to deepen the comprehensive reform of the judicial system.Grasp the hand.At the same time,for the forefront and bottleneck problems that require further tackling difficulties,they have also been included in the "five-five reform outline".The second part takes the specific implementation of some courts in the province of G as an example to systematically summarize and organize,and then analyzes the problems existing in the practice of the judge assistant system in China.The trial of the judge assistant system by the court,as a major reform in the judicial field,will inevitably face some obstacles and contradictions.In order to actively and steadily promote this reform,it is particularly necessary to strengthen the investigation.This paper attempts to analyze the existing problems in the aspects of legislative guarantee,qualifications,sources,and assessment system,from the perspective of the construction of the judge assistant system,and the necessity of the implementation of the judge assistant system in the country.The third part draws on the assistant system of judges in the two major legal systems.This paper adopts the method of key analysis,decomposes and refines some practical experience of the judges' assistant system in the two major legal systems,and draws some inspiration from it.Then it connects with the problems encountered in the practice of judicial reform in China and extracts its successful experience.With a view to promoting the pace of judicial reform in our country.The fourth part puts forward some suggestions for perfecting the judge assistant system in China,and discusses its rationality and necessity.These include improving relevant laws and regulations,clarifying the terms of reference of judge assistants,scientifically equipping judges,improving the selection system for trial teams,and improving the salary and promotion conditions for judge assistants.