Study On The Selection System Of Judges In China

Talent is the key to build a socialist country under the rule of law.As a neutral person in judicial trial,the professional ability and professional quality of judges are related to the realization of judicial justice in our country.Therefore,the construction of a team of judges who obeys the party's command and have a good style of work is the primary task of our current talent construction.The judge selection system is the key to the construction of a professional judge team as the entry threshold for serving judges.The establishment of a scientific and reasonable judge selection system is not only related to the quality of the judge team in China,but also the guarantee of judicial justice.The selection of judges is one of the key points in the new 2019 law on judicial officers,which has attracted wide attention from all sectors of society in China.Although this revision carries on the reform to the judge selection mechanism,there are still irrationality and new challenges.To build a professional judge team,we need to make a reasonable plan for judge selection under the rule of law environment in the new era.In combination with the goal of rule of law and judicial reform in China,we should further improve the operation mechanism of judge selection system in China by raising the judge access standard,setting up an independent judge selection institution in the new era and establishing a standard judge selection procedure.The perfection of the judge selection system is a complicated project,which cannot be accomplished overnight,and should be carried out step by step under the general framework of judicial reform."Judges law" as the fundamental law of the judge system in China,rich in content,involving the legal changes also many,for focusing on the core issue of the"judges law" repair method,mainly around the judge selection system is studied,the judge selection system mainly includes the judge selection standards,the judge selection mechanism,and the judge selection process from three aspects of content,namely "what kind of people can be selected as the judge","what kind of institution can selecting judges" and "selecting judges by what kind of program.The purpose of this paper is to combine the new direction of the judges and judicial reform objectives,and on the reform of the judge selection system based on the analysis of the practice of pilot provinces and cities,draw lessons from foreign experience of the judge selection system to make a in-depth research and analysis of the judge selection system in our country,that the judge selection criteria,and set to match the judge selection mechanism and scientific judge selection process,so as to improve the system of the selection of the judge in our country,realize the overall goal of the rule of law in an all-round way.The first part mainly analyzes the judge selection system.This paper briefly introduces the connotation and evolution of the judge selection system,and focuses on the comparative analysis of the reform measures in Shanghai and Guangdong,in order to find out the hidden problems of the judge selection system in China.Second,in terms of the judge selection institutions,the pilot provinces and cities have not made specific provisions on the personnel composition ratio of the selection institutions and the assessment standards of the selection institutions.Thirdly,in terms of judge selection procedures,the reform practice in pilot provinces and cities includes such problems as civil servant recruitment of judges,cold reception of judge selection from outside courts,and how to solve the conflicts between the selection results of judge selection institutions and the resolutions made by the standing committees of people's Congresses at all levels.These issues need to be further clarified in our laws.The second part analyzes the selection criteria of judges in China,which based on the new law on judges.Firstly,this paper discusses the basis of the selection criteria of judges in China from two aspects: the comprehensive quality of judges and the functional competence of judges.Secondly,this paper analyzes the provisions on the selection criteria of judges in the newly revised judicial officers law of China,and mainly analyzes the judges' professional knowledge learning experience,judicial practice experience and the age of the judges,and puts forward some Suggestions to solve the problem that the selection criteria of judges are not high.The third part mainly studies the institutions of judge selection in China.Through the analysis of the reform measures of provincial pilot judge selection institutions and the comparison of foreign judge selection institutions,this paper makes a reasonable regulation of Chinese judge selection institutions,sets up independent judge selection committees and formulates strict judge selection standards,so as to guarantee the independence of judge selection institutions.The fourth part mainly studies the procedure of judge selection in China.This part adopts the way of combining theory with practice to regulate the judge selection procedure reasonably.Strictly controls the judges channels as the key to the selection of judge,the selection of the judge selection system in our country regulation from the judge assistant selection is given priority to,to strengthen from the lawyers and law teaching,researchers and other personnel engaged in the legal profession in selecting excellent judge,broaden the judges selected way to build a high quality team of judges;Secondly,this paper puts forward some Suggestions on the construction of professional recruitment of judges that based on the selection and recruitment of judges as civil servants,so as to distinguish the recruitment of judges from that of civil servants.Finally,in order to select excellent judges,it is necessary to establish a fair and transparent judge selection processand a neutral selection supervision mechanism to guarantee the fairness of judge selection.