On The Post System Of Judges In Our Country

In the process of judicial reform in our country,the study of the amount of legal officials seems to be only a feedback on local issues,and it is an important content to realize the formalization,specialization and professionalization of judges.In fact,with the deepening of the exploration and practice of legal officials,the limitation and setting of "posts" inevitably touched the vested interests of some groups within a certain scope,and they have become the key to the reform of the judicial system in China.The core content of the judicial system reform is also an important way for China's court system to achieve its own development.According to the relevant notice of the Supreme Court,as of the end of 2016,the reform of the quota system of legal officials has basically been implemented nationwide.The reform of the quota system of legal officials is not one-day-achievable.It is necessary to re-examine and further explore the actual effects and objective impacts achieved after its implementation.For example,how to scientifically and effectively determine the amount of legal officials has always been the focus of reform practice in various localities.Although the maximum quota of 39% has been determined,local courts still need to find out the number of posts that are in line with the actual situation;how to deal with additional judges properly The resettlement can effectively balance the inner gap of the additional judges like "doctors become nurses",so as to avoid waste of judicial human resources as much as possible;how to allocate the proportion of judges and support staff,and realize the optimal combination of talent resources to maximize the value;In addition to the basis and standards of reform,high-quality talents can be placed in a proper position to avoid the risk of “bad money driving out good money”due to imperfect definition standards.The exploration of the legal officer's quota system is a complex process that is subject to the internal environment of the judiciary and the external social environment and has no examples to follow.The implementation of its implementation will inevitably impact the relevant system and the old system,just like Don Quixote and the windmill.In the face of the bloodshed,the process of the reform of the post system is necessary to break free of the barriers of the system and break the original pattern of interests.It can be seen that the reform of the quota system of legal officials in China has a long way to go.This article will follow the general direction of judicial reform,follow the requirements of the top-level design,and intend to reflect on the situation after the implementation of the post system.This paper will take the issue of the "inflow" of the reform of the quota system of the French officials as the starting point and analyze the real dilemma in the practice of reform.This paper will be discussed from the following aspects.The first part focuses on the basic theory of the quota system of legal officials in China.It mainly starts from three aspects.Firstly,it explains the concept and connotation of the legal system of legal officials in China.Then,the development process of the legal system of Chinese legal officials and the actual progress made in real progress.The effect is analyzed;finally,it is enough to discuss the general significance of the legal system of China's legal officials in this round of judicial reform.The second part mainly uses the method of comparative research to select the legal system of the US and Germany in the study of the extra-territorial legal officer system,and draws a useful reference for promoting the development of the legal system of Chinese legal officials.The third part is to analyze the predicament that the legal system of China's legal officials has been basically implemented in an all-round way.Among them,there are old problems in which the proportion of legal officials is difficult to determine,and the rigid criteria for selection are difficult to unify.There are also new problems in which the number of legal officials is not compatible with the actual macro background,the pressure on dual duties is too large,and the remuneration package is difficult to implement.The fourth part is mainly to solve the problems that arise in the operation of the legal officer quota system and propose corresponding solutions.The legal system of the legal officials is related to the overall situation of judicial reform.The problems that arise need to have a comprehensive solution to the situation,so as to take into account the overall situation of reform,realize the systematic construction of the legal system of officials,and avoidmutual restraint between the various systems.