The Research On The System Of Judge Assistant In China

Judge assistant's main duty is to assist judges in a series of auxiliary work,such as investigation and evidence collection,pre-trial preparation,summary of the main disputes of the case,etc.Because of the assistant position of judge assistant in case trial procedure,judge assistant needs to rely on a series of definite norms to provide system guarantee for it,such as the management system for the generation of judge assistant,career orientation,work scope,salary and other matters related to his work.Ensuring the wide implementation of the Judge Assistant System and coordinating the allocation mode between Judge Assistant and Judges is not only the trend of judicial reform in China,but also one of the key points of this round of judicial reform.Practical implementation of the Judge Assistant System not only helps to improve the quality and efficiency of case trial,but also helps to promote the process of professional development of judges.At the same time,it effectively shares the working pressure of case-handling judges and effectively improves the predicament of limited judicial resources in China.Not only that,the judicial assistant system can also effectively improve the professional quality of judicial assistants in China,and effectively improve the legal literacy and professionalism of the judicial team in China.This paper makes a deep study and comparison by selecting the representatives of several countries of Anglo-American law system and continental law system whose rule of law degree is in the leading position in the world,and refers to the application and implementation of judicial assistant system in Anglo-American law system and continental law system countries.It is believed that the implementation of the Judge Assistant System is an inevitable choice in the process of building a country ruled by law in China.It is also an important institutional guarantee to control the number of judges,improve the professional level of judges and enhance the impartiality and efficiency of judicial organs in China after the implementation of the reform of the Judge Post System.China's judicial assistant system has gone through nearly 20 years of practice and exploration from the pilot stage in 2000 to the stage of universal implementation.Although the implementation of the Judge Assistant System in China has achieved initial results in the continuous exploration of practice,in the process of dealing with cases,we find that there are still some contradictions and problems in the Judge Assistant System,such as vague professional orientation,unscientific sources,unreasonable allocation of assessment mechanism,unsatisfactory salary and promotion space.For these contradictions and problems,through comprehensive consideration,the author clarifies several ideas on improving the judge assistant system,and puts forward practical implementation suggestions: such as defining the position of the judge assistant,optimizing the source of the judge assistant,improving the allocation of the judge assistant,clarifying the assessment of the judge assistant,improving the salary and promotion space of the judge assistant,etc.In this paper,I hope to provide theoretical help for speeding up the process of judicial reform and further improving the judicial assistant system in China.