Study On The Appraisal Mechanism Of Judge Performance In China

The judge performance appraisal mechanism is a system to examine the judge's trial performance,ideology and morality,trial business,legal theory level,work attitude,trial style,etc.,and evaluate it as reward and punishment,training,dismissal,and adjustment of grade salary for judges,based on the relevant laws and regulations,according to the administrative authority,through scientific methods and objective criteria.The judge performance appraisal mechanism is the meaning of the judicial management mechanism and the judicial personnel training mechanism.It is an important part of the comprehensive reform of the judicial system and the key link for the implementation of the main project.At this stage,the implementation of the judge performance appraisal mechanism is necessary,mainly reflected in the performance appraisal is the necessary means to achieve judicial justice,the actual requirements of the judge team construction situation and the urgent need to achieve judicial efficiency in the context of the surge of cases.The institutional basis for the performance appraisal mechanism of judges in China mainly includes the legal basis based on the "Judges Law" and the "Civil Service Law",and Policy basis based on the "Opinions on Comprehensively Deepening the Reform of the People's Court","Performance Assessment Opinions","Protection Performance Measures",“Quality Assessment Opinion” and the Fifth Five-Year Outline,which provide fundamental follow-up for the reform of the judges' performance appraisal mechanism in China.Both the Y City Intermediate People's Court and the H County Grassroots Court are reforms of the performance appraisal mechanism conducted after 2016.They are highly representative.From the perspective of these two courts,this paper makes an in-depth study on the practical operation status of the judges' performance appraisal mechanism.Through the investigation of the current situation of the system operation,we can find that the current performance appraisal mechanism of judges in China faces some problems like the unity and internality of the subject of evaluation,the digitization and discomfort of the content of the evaluation,the limitations and non-circulation of the evaluation results.There are many mature experiences in the design and operation of judge performance appraisal mechanism in foreign countries and regions,which provide many useful ideas for the improvement of relevant systems in China,such as adhering to evaluation and focusing on incentives,evaluating subject diversification,and payingattention to process evaluation.On the basis of the mature experience outside the domain and the existing research results in China,we can improve the evaluation mechanism of judges' performance in China in terms of clear evaluation objectives and principles,perfecting the evaluation subject setting,optimizing performance evaluation content and scientific application evaluation results.