On The Improvement Of The Judge Post System In China

Since the founding of New China,China has experienced three largescale judicial reforms,which occurred in the 1950s,1990s,and the 18th National Congress of the Communist Party of China.In the current round of judicial reform,as far as the court system is concerned,the reform of the judge post system is undoubtedly the most influential and most comprehensive reform measure.The subtle changes in its practice will affect the career prospects of judges,and exert a force on the exercise of judicial power.To be sure,with the completion of the first batch of judges of the Supreme People's Court in July 2017,it marks the initial completion of the reform of the judge post system.It has positive significance in breaking the long-standing defects in the judicial system of our country,realizing the formalization,specialization,professionalization of judges,balancing the pressure on judges to handle cases,and promoting judicial justice.However,it is precisely because the judge post system is a huge judicial reform,and its specific measures will have the effect of “taking the lead and moving the whole body”,which is actually doomed,and is entering the “post-reform era”,the judge post system still needs to continue to experience the evolution of "practice-correction-re-practice-re-amendment".This paper takes the S-city two-level court as a sample,and analyzes the status quo of the judge post system from the two levels of norms and practice,so as to more fully understand the operation status of the "post-reform era".In addition,by summarizing and reflecting on the current status of the operation,it is found that the actual situation and the expected expectations are still in the distance.In practice,the judge post system is mainly faced with five problems:the quota selection mechanism is not fair enough,the number of posts is not reasonable enough,the treatment of trial support personnel is not equal,the pressure on judges handling cases between business courts is not balanced,and the regional differences in supporting measures are obvious.To put forward effective solutions to existing problems,it is not only to review the status quo,but also necessary to propose a "China Program" based on an open perspective and based on useful practices outside the domain.To this end,this paper selects the United States and Germany as representative countries,and carefully studies the methods and considerations of the number of judges,and finds that the benign operation of the extraterritorial judge post system also needs to complete the relevant mecha nisms.These advanced experiences are the blueprint that can be used for reference in China's reform of the judge post system.However,the advanced practices outside the domain cannot be blindly developed,and need to be selectively absorbed in light of the needs of the actual situation.In view of this,it is necessary to establish a relatively fair input selection mechanism,change the reference base of the proportion of posts,improve the welfare of trial support personnel,promote the psychological balance of ju dges handling cases between business courts,and improve regional differe nces in supporting measures.