Research On The Problems In The Implementation Of Judicial Assistant System

The judge assistants are persons who assist judges in their work and are engaged in judicial auxiliary affairs.The institution of judge assistants were originally created by the United States in the second half of the 19 th century.After more than one hundred years' development,it has formed a relatively mature system.The judicial assistant system in our country was proposed by the Supreme People's Court through the Five-Year Reform Outline of the People's Court in 1999.After more than ten years' continuous reform and trial implementation,it is still in the stage of development and exploration.The implementation and continual development of the judicial assistant system is in accord with the reform of the judicial system,further satisfying the inevitable requirement of the classification management system of court personnel.It is conducive to promoting the professional development of judges,so that judges can be relieved of the heavy routine work and invest more energy into the trial process to improve the efficiency of the trial cases.Moreover,judges are able to be engaged in legal theory research and improve their professional ability,so as to promote the justice and efficiency of justice.The judicial assistant system can further deepen the reform of the division of labor of judicial personnel,which would make them perform their respective duties and improve their work efficiency.It is of great significance to carry out the judicial assistant system in our country.It is an inevitable requirement for the professionalization of judges.It is the only way for the eminent judges,and the institutional guarantee for the professionalization of judicial personnel.It is also the effective way to realize judicial justice and improve its efficiency.The Supreme People's Court has standardized the duties of judicial assistants,and provincial courts have issued documents to further refine them.However,the specific implementation of local courts is closely related to the level of local economic development and the number of people,and thus it is affected by the number of cases.After the implementation of the judicial assistant system in the court system,it has achieved certain goals,but there are also many problems,such as the lack of legal positioning,unclear responsibilities,unclear sources,unscientific allocation,and irregular management.Through the investigation and research on the implementation of the judicial assistant system in China and the in-depth analysis,this paper takes some advices for perfecting the system of Chinese judicial assistants : from the legal level,we should clarify the position of the judicial assistants;improve and optimize the source of the judicial assistants;reasonably allocate judicial assistants according to actual conditions;establish a scientific and reasonable assessment system;and put forward their own ideas and relevant opinions in dealing with the relationship among the coordination judge,the judge assistant and the clerk.I hope this article can provide corresponding research results and suggestions for the development and improvement of China's judicial assistant system,and contribute to the work of the court and the reform of the judicial system in China.