Research On The Reform Of Judge Post System In China

From beginning to end,the judicial system is the center of the judicial reform,and the reform of the judge holding office system is the most important part of the reform of the judicial system.The reform of the post system of legal officials is the most important part of the system of serving judges.In June 2014,the first batch of reform of judges' posts was launched on a pilot basis,which went through a period of nearly four years.By 2017,the Supreme Court announced that it had basically completed the work of entering judges throughout the country.Article 46 of the Organic Law of the people's Court of the people's Republic of China,which was examined and adopted in October 2018,provides for the implementation of the post system of judges.The significance of the new era of judicial reform has also had a great impact.However,there are some new problems in the reform of judge post system,such as the clarity and fairness of admission standards,the placement of non-admitted judges,the brain drain of judges,the problem of more and less cases,and so on.This article will summarize the experience and lessons through the discussion of the new problems in the practice of the reform of the legal official quota system,as well as the in-depth comparative study of the post system of the extraterritorial judges.It can provide multi-aspect and multi-angle reference for improving and promoting the reform of the legal official quota system and the judicial reform.The full text is divided into three parts.The first part is about the concrete content of the reform of the judge post system in China,including the research on the basic content of the judge post system,from the theoretical basis,connotation and value of the judge post system,By discussing the necessity of the post system,this paper tests the achievements of the reform of the post system,and finally makes a preliminary study on the present situation of the reform of the post system for judges and the new problems arising in the process.Summarize the new problems that appear after the implementation of the reform of the legal official quota system.The second part is about the study of the post system of extraterritorial judges.The development of the western legal system leads our country in many respects.The reform of the post system of judges in our country can be further promoted through reasonable researchand reference to some situations and basic contents of the post system of judges in extraterritorial countries.Through the research on the current situation and development course of the judges' post system in the common law system and the civil law system,this paper provides a new thought and enlightenment for the development and reform of the judge post system in our country.The third part is the elaboration of the concrete measures to solve the new problems in the reform of the legal official quota system,starting from the point of view of further implementing the existing legislation and advancing the new legislation.The first is to implement the new Organic Law of the people's Court and,on this basis,to promote the steady progress of other supporting legislation.In addition,through scientific planning and establishment of the quota system of legal officials,it is necessary to determine the specific selection criteria and selection methods of judges on the basis of the actual situation of each court,and on this basis,to ensure the fairness of the admission criteria.At the same time,by perfecting the withdrawal mechanism of the judge post system,we should do a good job for the entry of judges.The placement work should also solve the problem of double responsibility for one position through the establishment of supervision and assessment mechanism for the incoming leadership in the handling of cases.Finally,through the establishment of a scientific case diversion system to solve the current situation of more cases and fewer people.