On The Duties Of Court Clerks

With the deepening of the reform of the national judicial system,the classification management system of court personnel has become one of the core contents of the comprehensive reform of the judicial system.The recruitment and management of the employed clerks have been incorporated into the sub-system of the management of the trial auxiliary personnel,which also shows a clear trend.The most prominent management mode is that the clerks implement the separate job sequence management.This is a kind of management system which is suitable for judicial practice and future development orientation of our country.However,there are still many problems in the determination and refinement of the duties of court clerks under the mode of single post sequence management.These problems will have an important impact on the operation mechanism of the court's judicial power.The position of the court clerk's duty affects the division and cooperation of the court's auxiliary judicial staff in microcosmic aspect,relates to the structural matching and layout of the court's talent team in macroscopic aspect,and is the most important influencing factor of whether the judicial power operation mechanism can conform to the judicial law of our country and whether it can operate orderly and efficiently.This paper is divided into five parts.The first part is the introduction,which describes the background of the duty system of court clerk,the importance of the duty system of court clerk,and the research status of the duty system of court clerk at home and abroad.After the reform of the Secretary's single sequence,most of the relevant researches are focused on the reform of the secretary system,the professional security of the appointment system,the reform of the classification of court personnel,etc.there are few specialized researches on the Secretary's responsibility system,which needs more in-depth discussion.The second part is the investigation of the current situation of the duties of court clerks in our country.From the aspects of theory,legislation,practice and supervision,the current situation of the duties of court clerks and the supervision of the duties of court clerks should be investigated from many aspects and different angles,so that the current situation of the duties of court clerks can be deeply analyzed.The third part is the investigation of the duty system of court clerks in foreign countries.By analyzing the duty system of court clerks in the United States,Franceand Japan,and comparing with the duty system of court clerks in China,we can get some enlightenment on the duty system of court clerks,such as setting up a unified management department to regulate the performance of the duties of court clerks,refining the types of duties to promote the efficient operation of the trial Identify responsibilities to improve the capacity of judges and judge assistants.The fourth part is the problems existing in the responsibility system of court clerk in China.Since the court clerk has implemented the separate sequence management,the management of court clerk has also developed in a positive direction.However,with the deepening of judicial reform,there are some problems in the responsibility system of court clerk,such as the confusion of duties,the offside of duties,the dislocation of duties and the lack of supervision.The fifth part is the improvement of the duty system of the secretary.In terms of legislation,it is necessary to improve the provisions of the duty system of court clerks.In addition to the specific duties of the clerks,it is also necessary to stipulate the ways of promotion,assessment standards,supervision and management methods of the clerks.In terms of power positioning,it is necessary to make clear that the clerks are pan trial auxiliary talents and an important part of the trial auxiliary system.The specific duties of the clerks are focused on the business work in the pre-trial preparation Other work such as sorting out and filing trial records and case materials;improving the reward and supervision of court clerks in terms of rewards and punishments and job security,and describing the career prospects of clerks.