On The Legislative Perfection Of Judge Assistant System In China

The Judge Assistant System is a revolutionary reform in judicial system,which is combined with trial system and personnel system.As matching measures of Judge Post System,Judge Assistant System has eased the contradiction between more cases and less judges,which has realized the optimal allocation of the structure in court and improved the quality of judiciary.Since the starting of the revolution in 1999,the trials were carried out across the whole country,and with the initially effective results,the main framework of the system was basically completed.However,the reform,as continued and deepened,had exposed several problems in judicial practice which need instant actions to remedy.Furthermore,with the implement of judge post system,this reform will face higher legislative criterion instead of empiricism,which means we have a new step in judicial history but the next challenge is more clear category in personnel management.Thus,how to define the judge assistants,their duties and function,how to realize fine management,are the focuses of this reform.Based on the judicial background—— the reform of judge post system,by studing the theoretical research and the specific situation in judicial practice,the author started to analyze the system of judge assistant,aiming at enlighten the in-depth reform of the judge assistant system.This paper is divided into the following four parts.The first part is the analysis of the practical significance of implementing the judicial assistant system in China.By sorting out the formation and development of this system,the paper shows that there exists close relationship between the system and the judicial environment it is in.As supported to the reform of the judge post,judge assistants is a must choice contributed to judicial development,and also a path to realize the construction of judge professionalism.The second part is the operation rules of the judge assistant system,which mainly illustrates what and how to operate the mechanism systematically.The role of judicial assistant is defined as the staff engaged in auxiliary affairs under the directions of judges and has its own independent value.In the aspect of allocation mode,it mainly analyzes the source,mode and proportion of allocation.With the comparation of different modes,by the advantages and disadvantages of each mode,this paper made a summary,which provides a theoretical basis for us to improve the judicial assistant system better.The third part analyzes the judicial assistant system from judicial practices.By field researching,concluding the problems exposed in the operation of the judicial assistant system in various courts,such as unclear role positioning,different standards of service,and imbalance in the allocation mode of judicial assistant the author realized that the main reason which result in such situation is uncoordinated perform among the reform goal,top-level legislation,power allocation,supporting system and other aspects do not keep pace with the reform of the judicial assistant system,which is also our key problem to solve in improving the judicial assistant system.The fourth part puts forward some concrete suggestions on the legislative perfection of the judicial assistant system in China.From the perspective of the construction path of the reform,the system of judge assistant is a transplant from the advanced western legal system.We should base on the local conditions,promote the combination of state leadership and local experiences,and make the reform fit the law of judicial operation.To be specific,based on the achievements of existed reform,with the overall planning of surrounding coordination at the legislative level,we should find out the deficiencies and make up for the deficiencies to perfect judicial assistants,optimize the allocation model,improve the supporting system,and explore the Chinese model of judicial assistant system.