On The Improving Of The Judge Assistant System In China

Judge assistant system is one of the supporting measures for the professionalization and elitism of judges in China,which helps to realize judicial justice and efficiency.As an important measure of judicial reform,the core of the system of assistant judges is to assist post judges,so that post judges can get rid of the trifling and procedural work and concentrate their energy on trial and judgment.However,after the completion of the judicial reform,problems emerge in the practice of the Judge Assistant System.Judge Assistants have to deal with unclear career orientation,little control over their role at work,overlapping with the duty of clerks.On the one hand,the number of Judge Assistants can hardly meet the needs of the trial work,on the other hand,the recruitment of new Judge Assistants is given the cold shoulder,many active Judge Assistants are "voting with their feet".And there are still some other problems such as the evaluation of judge assistants and the imperfection of personnel management mechanism.These problems will make it difficult to implement the post system,and the system of judicial responsibility will be overridden as a matter of course.Therefore,improving the system of judge assistant is the core of the construction of judicial assistant profession and the necessary guarantee of elitism and professionalization of judges.In addition to the introduction and conclusion,the full text contains four parts.The summary of the judge assistant system is the first part.It mainly introduces the basic connotation of the judge assistant system,the development of the judge assistant system in China and the motivation of the reform.Choosing Fangshan-District People’s Court in Beijing,Chengdu Intermediate People’s Court,Yunlong-District People’s Court in Xuzhou,Xiangtan Intermediate People’s Court and Huichuan District People’s Court in Zunyi as the models of empirical study,the second part makes an empirical study on the judge assistant system.By untangling the numbers,the allocation mode,the training and assessment of judge assistants of the five courts above,this paper analyzes the current situation of the operation of judge assistant system in China.The third part points out the problems existing in the operation of the Judge Assistant System in China,which overlaps and confuses with the duties of judges and clerks;the sources of Judge Assistants are diversified and their abilities are uneven;the overall number of Judge Assistants is currently difficult to meet the needs of trial and the evaluation mechanism of Judge Assistant System is not perfect.The fourth part puts forward the idea of improving the concrete system of our country’s judge assistant system.In view of the existing problems pointed out in the third part,it puts forward the concrete measures of establishing the system of limited judges and related supporting systems,with a view to further improving our country’s judge assistant system.