The Realistic Dilemma Of The Reform Of Legal Officials And Countermeasures

In order to implement the great strategy of the Central Committee of the Communist Party of China to govern the country according to law,and to provide efficient,convenient and fair judicial services and guarantees,the national court system has implemented the reform of the official quota system in some provinces and cities since 2014.Under the macro guidance of the top-level design,the judicial system of the court system will be re-classified and organized,and the assessment will be conducted.The number of professional judges and elites will be selected and enriched to the court.First of all,the author collects the implementation materials of some of the provinces and municipalities to implement the post system judges;secondly,they visit the leaders and first-line judges of some city,county and district courts to let them talk about the experience and experience in the implementation of the legal system;On the basis of the theoretical research on the quota system of legal officials,the profound understanding of the legal officer system is the only way for the reform of the judicial system in China.Realizing the professionalization of the judges,the construction of an elite team,improving the performance of case handling,and playing a pivotal role in complying with the law of the judiciary.At the same time,however,it is clear that the legal official quota system has exposed the inadequacy of the system in its implementation,and the real dilemma it faces.That is,the judicial theory community is not deep enough in this research,and the countermeasure path is not clear enough.Therefore,it is necessary to make recommendations to the legal officer system and improve the path.This paper attempts to make an in-depth study of the legal officer's quota system,closely combines the institutional defects in the implementation of the legal officer's quota system,and proposes the author's views in a targeted manner,including some constructive reference opinions,in the hope that the judicial system reform will be in the future.benefit.The structure of this paper is organized as follows: First,the introduction,the body is the four parts of the main body,and finally the short conclusion.The main part adopts a systematic research method for the background,concept of the quota system of the legal officials,the goal of implementing the legal officer quota system,the system defects exposed by the implementation of the legal officer quota system,and the realistic difficulties encountered.The path strategy is focused on analysis and research,and strives to pursue the effect of throwing bricks.The introduction part introduces the topic of this thesis,which is the background of the reform of the legal officer's quota system.And the theoretical and practical significance of its research;the status quo of domestic research,the introduction of experience that can be borrowed from abroad;the innovative methods of three aspects of content research: theoretical analysis,comparative analysis,and literature combing.The first part of the subject is an overview of the legal officer's quota system.Focus on the concept and evolution of the legal officer quota system.The realistic background of the legal officer's quota system: the contradiction of "there are many people and fewer people" has become increasingly prominent,the establishment of court institutions is not reasonable,the independence of judicial power is intervened,the level of specialization of judges is low,the quality of trials is not high,and the talents of judges are seriously lost;The study of the connotation of the concept of legal officials' quota system explores the realistic background of the legal system of legal officials.Within the framework of the central macro-control,the law of justice is respected,and the proportion of the post system is applied in part.The ultimate goal of realizing the implementation of the legal officer quota system is to promote the professionalization of the judges,promote the formation of reasonable trial management,improve the judicial efficiency and enhance the social effects,thus effectively promoting the establishment of the professionalization guarantee mechanism for judges.This paper clearly shows the urgency and necessity of the implementation of the legal officer quota system.Therefore,it is necessary to conduct in-depth practical investigation and theoretical research.The second part of the main body mainly studies the current policy basis and implementation status of the legal system in China.In combination with China's successively issued relevant documents on the legal officer quota system,objectively examine and analyze the implementation plan of the reform of the implementation of the law enforcement system for some provinces and cities across the country,mainly including the Shanghai,Guangzhou,Jiangsu and Hebei provinces under the framework of the top-level design.It is how the ratio of posts is defined in conjunction with the actual situation and the selection process for the post judges.Then,the experience summary of the reform implementation plan and the preliminary results obtained after the implementation of the post system are reflected.The main results have four aspects: the establishment of a scientific and reasonable trial mechanism,the establishment of a post-entry judge withdrawal mechanism,and the remuneration package for the post system.Appropriate increase,the overall quality of the post system is improved.At the same time,the process of implementing the legal officer system also revealed the imperfections of its system.Therefore,this provides a corresponding theoretical basis for further analysis of the institutional defects exposed in the implementation of the research law official quota system.The third part of the main body focuses on the real dilemma faced by the legal officer's quota system and the reasons for its formation.Among them,the actual dilemma in the implementation of the post system has three aspects: first,the phenomenon of the quota system of the biased law officials;secondly,the contradiction of “the number of people with fewer people” is more severe;third,the pressure overload of the case leads to the insurgency of the judges;Fourth,the negative factors in the post system within the court system.In addition,the author analyzes the causes of the actual dilemma of the legal officer's quota system.The author believes that there are also three factors: First,the contradiction of the provisions of the Judges Law and the conflict with the reform objectives;Second,the institutional defects of the legal officer system;The lack of relevant supporting systems for legal officials.The fourth part of the main body is mainly to study and solve the above problems.Focusing on the institutional defects of the implementation of the legal officer quota system in China,this paper believes that it should formulate a policy plan that suits it to better improve the response measures of the legal officer quota system.This problem is mainly started from four aspects: First,the proportion of the post system should be adapted to the geographical and court levels;second,to improve the reasonable division of labor and duties of judges and support staff;third,to ensure the fairness of the judge selection process;Improve the post professional security system for post judges;Fifth,improve the judicial accountability mechanism for the post system;sixth is the exit mechanism for the perfect post system judges.